Biki Gogoi v. The State of Assam and 6 Ors

ORDER

02.08.2024 Heard Mr. S Islam, the learned counsel appearing on behalf of the petitioner. Mr. A Bhattacharjee, the learned counsel appears on behalf of the respondent No.1, Mr. R Boro, the learned counsel appears on behalf of the respondent No.2, Mr. RK Talukdar, the learned counsel appears on behalf of respondent Nos.3 and 4 and Mr. N Goswami, the learned Government Advocate appears on behalf of the respondent Nos.5, 6 and 7.

¶2The petitioner herein has filed the instant writ petition claiming compensation in respect to a land wherein he had set up a shop as well as his residence. The said land is covered by Dag No.283 of village Makum Junction Gaon under Doomdooma Revenue Circle.

¶3Being aggrieved by the action on the part of the respondent authorities in not granting the compensation to the petitioner on account of the land being a Government land, the petitioner has approached this Court by filing the instant writ petition.

¶4This Court has put a specific query upon the learned counsel appearing on behalf of the petitioner as to whether the petitioner has sought compensation in respect to the land or the house standing thereon. The learned counsel appearing on behalf of the petitioner submits that as per his representation as well as also the instant writ petition, the petitioner has sought for compensation for the land.

¶5This Court taking into account that admittedly the land, in question, was a Government land and apparently nothing was shown that any right had been created, the petitioner would not be entitled to any compensation in respect of Page No.# 4/4 the land, in question. However, if the petitioner has any house standing thereon and any loss is caused, in the opinion of this Court, the petitioner would come within the ambit of a 'person interested' to claim compensation in respect to the house standing thereon. The learned counsel appearing on behalf of the petitioner, therefore, submits that he may be given the liberty to submit appropriate representation before the competent authority i.e. the respondent No.6 in that regard.

¶6This Court taking into account the above observations is of the opinion that the petitioner is required to be given an opportunity to submit a representation along with a certified copy of this order before the respondent No.6 and the respondent No.6 shall duly take into consideration such representation so submitted, if a claim is made in respect of the house standing over the land, in question.

¶7With the above, the instant writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010129302024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3501/2024o BIKIoGOGOIo S/OoJITPALoGOGOI,oR/OoMAKUMoJUNCTIONoGAON,oP.O.-BARHAPAM,oDIST-o TINSUKIA,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVTo OFoASSAM,oREVENUEoANDoDISASTERoMANAGEMENToDEPARTMENT,o DISPUR,oGUWAHATI-781006 2:NATIONALoHIGHWAYSoAUTHORITYoOFoINDIA oREPRESENTEDoBYoITSoCHAIRMAN oSECTOR-10 oDWARKA oNEWoDELHI-110075 3:NATIONALoHIGHWAYSoANDoINFRASTRUCTUREoDEVELOPMENTo CORPORATIONoLTD. oUNDERoTHEoMINISTRYoOFoROADoTRANSPORToANDoHIGHWAYS oGOVERNMENToOFoINDIA oHEADoOFFICEoATo1SToANDo2NDoFLOOR oTOWERoA oWORLDoTRADEoCENTRE oNAUROJIoNAGAR oNEWoDELHI-110029 4:THEoGENERALoMANAGERo(PROJECT) oNHIDCL oPMU-DIBRUGARH oP.O.-BANIPUR oDIST-oDIBRUGARH Page No.# 2/4 ASSAM PIN-786003 5:THE DISTRICT COMMISSIONER TINSUKIA P.O.-TINSUKIA DIST- TINSUKIA ASSAM PIN-786125 6:THE ADDITIONAL DISTRICT COMMISSIONER (LAND ACQUISITION AND REQUISITION BRANCH) TINSUKIA P.O.-TINSUKIA DIST- TINSUKIA ASSAM PIN-786125 7:THE CIRCLE OFFICER DOOMDOOMA REVENUE CIRCLE P.O.-DOOMDOOMA DIST- TINSUKIA ASSAM PIN-78615 Advocate for the petitioner(s): Mr. S Islam Advocate for the respondent(s): Mr. A Bhattacharjee Standing counsel, Revenue Department Government of Assam Mr. R Boro Respondent No.2 Mr. RK Talukdar For respondent Nos.3 and 4 Mr. N Goswami For respondent Nos.5, 6 and 7 B E F O R E Page No.# 3/4 HON'BLE MR. JUSTICE DEVASHIS BARUAH