M/S Versha Technotrade Pvt Ltd and Anr v. The State of Assam and 6 Ors

JUDGMENT AND ORDER (ORAL)

Heard Mr. K.N Choudhury, the learned Senior Counsel assisted by Mr. R. J. Das, the learned counsel appearing on behalf of the writ petitioner in WP(C) No.7457/2018; Mr. A. Biswas, the learned counsel appearing on behalf of the writ petitioner in WP(C) No. 6254/2023; Mr. A. Dhar, the learned counsel appearing on behalf of the writ petitioner in WP(C) No.7355/2023 as well as Ms. T. Wapungla, the learned counsel appearing on behalf of the writ petitioner in WP(C) No. 4395/2022.

¶2On 01.04.1996, the Deputy Secretary to the Government of Assam, Revenue (Settlement) Department vide its letter No. RSS.708/95/20 had granted a settlement of a plot of land measuring 30 (thirty) Bighas covered by Dag No. 602 of Village-Hengrabari under Beltola Mouza in favour of the petitioner in WP(C) No. 7457/2018. The said settlement was granted for building residential houses in organised way subject to payment of 60% of the land value as premium. The Revenue (Settlement) Department of the Government of Assam also directed the Deputy Commissioner, Kamrup, Guwahati-1 to hand over the possession of the land to the petitioner in WP(C) No. 7457/2018. In pursuance to the said letter dated 01.04.1996, the petitioner in WP(C) No. 7457/2018 (herein after for convenience referred to as "the petitioner Samity") had deposited the land premium amounting to Rs. 27 Lakhs by treasury challan dated 03.01.2000 and 07.04.2000.

¶3Pursuant to that although there were certain objections raised but the possession of the land was handed over to the President and Secretary of the Page No.# 12/15 Petitioner's Samity on 27.05.2005 and the land was accordingly mutated. On

17.07.2009, a Periodic Patta was issued in favour of Petitioner's Samity being Patta No. 1370 and the concerned Dag No. 602/1074 (old) and 3785 (new). It is pertinent to mentioned that the patta specifically mentioned 401.40 acrs of land which corresponds to 30 Bighas of land. Pursuant thereto, the Petitioner Samity had executed an agreement with the petitioner in WP(C) No. 4395/2022 for construction of the Multi-storied RCC Building.

¶4In the year 2008, the Guwahati Water Bodies (Preservation & Conservation) Act, 2008 (herein after referred to as "the Act of 2008") was enacted and Vide Gazette Notification dated 07.08.2008, the said Act was brought into force. In the said Act of 2008, the land of the Petitioner Samity which was settled long back in the year 1996 and in respect of which the Periodic Patta was issued, was included in Schedule-III of the said Act of 2008. This inclusion of the land belonging to the Petitioner Samity within the scope of the Act of 2008 is the subject matter of challenge in WP(C) No. 7457/2018.

¶5The petitioners in WP(C) No. 7355/2023 and WP(C) No.6254/2023 also claimed rights over the said land settled with the Petitioner Samity on the basis of certain documents executed by members of the Petitioner Samity. However, those documents admittedly are not Deeds of Conveyance or Deeds of Sale.

¶6The petitioner in 4395/2022 had filed the writ petition challenging the inclusion of the land which was settled with the Petitioner Samity within the ambit of Act of 2008 as well as also seeking direction upon the GMC Authorities to grant permission to the said petitioner to construct houses as per the Approved plan.

¶7While these writ petitions have been pending, the Government took a decision to acquire the land belonging to the Petitioner Samity and accordingly a proceeding was initiated under the Assam Land (Requisition and Acquisition Act, 1964) (for short "the Act of 1964"). The said land acquisition case was registered as numbered as LA Case No. 35/2023. It is seen that on 22.12.2023, the notification under Section 6(1) of the Act of 1964 was issued which was published in the Assam Gazette on 28.12.2023. Page No.# 13/15

¶8At this Stage, this Court duly takes note of Section 6(2) of the Act of 1964. It would be seen from the said provision that upon issuance of the said notice and the same being published in the Official Gazette, the land vests absolutely in the State Government free from all encumbrances. Under such circumstances, w.e.f 28.12.2023, the land belonging to the Petitioner Samity vested upon the State Government. Under such circumstances, the reliefs sought for in WP(C) No. 6254/2023 WP(C) No. 7355/2023 and WP(C) No. 4395/2022 have become infructuous.

¶9Be that as it may, taking into account that during the pendency of the writ petition these developments have taken place, the various orders passed in the instant proceedings which would show that this Court has time to time enquired with the respondent authorities as to what was the status of the acquisition proceedings.

¶10Today, Ms. M. Barman, the learned counsel appearing on behalf of the District Administration of Kamrup Metropolitan District has submitted before this Court that the award in Land Acquisition Case No. 35/2023 has already been passed 05.09.2024. A copy of the said award in Form -X has been placed before this Court. It has also been informed the said award has been duly filed in terms with the Act of 1964 read along with the Land Acquisition Act of 1894. Under such circumstances, the said award had attained finality and becomes a conclusive evidence between the District Administration i.e. the Collector and the persons interested.

¶11It is further seen from the said documents placed that the total amount to which the Petitioner Samity has shown to be entitled to has been calculated on the basis of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Re-settlement Act, 2013 (for short "the Act of 2013") and more particularly Sections 26 to 30 of the said Act of 2013. The total amount payable to the Petitioner Samity has been quantified at Rs.153,04,12,672/-(Rupees One hundred and fifty three crores, four lakhs, twelve thousand and six hundred and seventy two only). The said document along with the Award which has been placed before this Court are collectively kept on record and marked with the letter "X".

¶12This Court duly enquired with the learned counsel appearing on behalf of the District Administration as to whether the amount has been deposited to the Page No.# 14/15 District Commissioner for onward disbursal. The learned counsel submitted that the request has been made to the Requiring Department i.e the Department of Housing and Urban Affairs and the same would likely to be done so at the earliest.

¶13Taking into account that the award has already been passed and the land now vest upon the State, the Petitioner Samity herein would be entitled to the said amount.

¶14Be that as it may, it is also seen from a perusal of Section 12 1(b) of the Act of 1964 that any persons aggrieved as regards to the apportionment of the compensation can very well approach the Collector by seeking a reference to the Court. It is also seen that when such an application is filed before the Collector, the Collector has to refer it to the Court and the instant case it would be the Court of District Judge Kamrup (M). It is also seen in terms with Sub-Section (2) of Section 12 of the Act of 1964 that by way of legislation by incorporation, the provisions of the Land Acquisition Act 1894, have been incorporated. Under such circumstances, if an application is being filed expressing disagreement in respect to the apportionment of the amount then in such case the Collector that would be the District Commissioner, Kamrup (M) has to act in terms with Section 30 read with Section 31 (2) of the Land Acquisition Act, 1894. However, the same is only to be applied subject to a dispute being raised by filing an application as per the mandate of Section 12

(1)(b) of the Act of 1964.

¶15Mr. A Biswas, and Mr. A Dhar, the learned counsels appearing on behalf of the petitioners in WP(C) No. 7355/2023 and WP(C) No. 6254/2023 submits that they would forthwith with take appropriate steps in that regard. Fifteen days time is given for filing the appropriate application before the Collector, if so adviced.

¶16Accordingly, this Court disposes of the batch of instant writ petitions thereby granting liberty to the parties herein to further proceed in accordance with the provisions of law.

¶17Before parting with the records this Court finds it relevant to observe that the delay in disbursing the amount by the Requiring Authority would only lead Page No.# 15/15 to enhancement of the compensation amount in terms with the provisions of the Act of 2013 on account of interest. This Court cannot be unmindful of the fact that the amount to be disbursed would have to be defrayed from the public exchequer and as such this Court observes that the concerned respondent authorities and more particularly the Requiring Department shall take appropriate steps keeping in mind that delay in depositing the amount to the Acquiring Authority that is the District Commissioner, Kamrup as well as the District Commissioner delaying in disbursement of the amount or placing it before the Court as the case may be, would entail huge expenditure on account of interest.

¶18Interim orders, passed earlier, stands vacated.

¶19The parties herein are given the liberty to apply before the Registry of this Court for certified copy of the document marked with the letter "X".

JUDGE Comparing Assistant

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