Dipak Das v. The State of Assam and 3 Ors

ORDER

09.08.2024

Heard Mr. MH Choudhury, the learned senior counsel, assisted by Mr. P Chakraborty, the learned counsel appearing on behalf of the petitioner.

¶2Mr. B Choudhury, the learned counsel appears on behalf of the PWD Department and Ms. S Sharma, the learned counsel appears on behalf of the District Commissioner, Kamrup(M).

¶3None appears on behalf of the Revenue Department, Government of Assam on call. However, taking into account the order which this Court proposes to pass, the presence of the respondent No.1 is dispensed with.

¶4The petitioner herein is aggrieved by the inadequacy of compensation given to the petitioner in respect to the land which has been acquired by the respondent authorities in LA Case No.29/2023. This Court is of the opinion that Page No.# 3/3 taking into account that there is an effective and efficacious remedy available under Section 12 of the Assam Land (Requisition & Acquisition) Act 1964 which is to be read with the Land Acquisition Act, 1984 for arriving at an appropriate compensation in terms with the Right To Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the petitioner herein would be well advised to approach the District Commissioner, Kamrup

(M) seeking a reference to the Court as regards the inadequacy of compensation.

¶5Accordingly, this Court is not inclined to entertain the instant writ petition and the same stands closed. However, the petitioner is given the liberty to approach the respondent No.2, who is also the Collector seeking a reference in terms with Section 12 of the Assam Land (Requisition & Acquisition) Act 1964.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010153522024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3951/2024o DIPAKoDASo S/O-oLATEoPANCHANANoDAS,o R/O-oH.NO.o231,oNEARoGAUHATIoNURSERY,o A.T.oROAD,oKAMAKHYA,oGUWAHATI,o P.O.-oBHARALUMUKH,o P.S.-oJALUKBARI,o DISTRICT-oKAMRUP(M),oASSAM,o PIN-o781009. VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o REVENUEoANDoDM(LR)oDEPARTMENT,o ASSAMoSECRETARIAT,oDISPUR,o GUWAHATI-o6. 2:THEoDISTRICToCOMMISSIONER oKAMRUPoMETROPOLITANoDISTRICT oGUWAHATI. 3:ADDL.oDISTRICToCOMMISSIONER oI/CoLANDoACQUISITIONoBRANCH oKAMRUP(METRO)oDISTRICT. 4:EXECUTIVEoENGINEER oPWD oJALUKBARIoTERRITORIALoBUILDINGoDIVISION o JALUKBARI oGUWAHATI-o13o Page No.# 2/3 Advocate for the petitioner(s): Mr. MH Choudhury, Senior Advocate Mr. P Chakraborty Advocate for the respondent(s): Mr. B Choudhury Standing Counsel, PWD, Govt. of Assam Ms. S Sharma Government Advocate, Assam B E F O R E HON'BLE MR. JUSTICE DEVASHIS BARUAH