Lankeswar Ray v. Union of India and 7 Ors

ORDER

27.06.2024 Heard Mr. K.M. Haloi, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Standing Counsel, NF Railway and Ms. U. Das, learned Addl. Sr. Government Advocate for the State respondents. By filing this petition under Article 226 of the Constitution of India, the petitioner is seeking direction for payment of adequate compensation for acquiring his land by the Railway for construction of new B.G. Railway line from Page No.# 3/3 New Maynaguri to Joghighopa and also pay compensation amounting to Rs. 8,500/- alongwith interest @ 18% p.a. from the date of acquisition of the Fishery. It appears that the petitioner has filed a representation on 29.09.2015 (Annexure-7 to the writ petition) before the Addl. Deputy Commissioner (Rev.), Bongaigaon requesting release of compensation for the Fishery amounting to Rs. 8,500/-. It further appears that the aforesaid representation of the petitioner was forwarded to the office of the Circle Officer, Boitamari Revenue Circle by letter dated 26.10.2015 (Annexure-8 to the writ petition). However, nothing has been done from the office of the District Administration, as regards the aforesaid representation filed by the petitioner till date. In view of the above, this Court is of the considered view that this writ petition can be disposed of with a direction to the respondent Nos. 3 & 4 to dispose of the representation of the petitioner dated 29.09.2015 within a period of 2 (two) months from the date of receipt of a certified copy of this order. The writ petition is accordingly disposed of. Needless to clarify that a copy of the writ petition alongwith a certified copy of this order be furnished to the aforesaid respondent authorities.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010202232019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6213/2019o LANKESWARoRAYo S/O-oLT.oKANTESWARoROY,oVILL.-oSALBARI,oP.O.-oBOITAMARI,oP.S.-o ABHAYAPURI,oDIST.-oBONGAIGAON,oASSAM,oPIN-o783389. VERSUSo UNIONoOFoINDIAoANDo7oORS.o REP.oBYoTHEoSECRETARY,oTOoTHEoGOVT.oOFoINDIA,oDEPTT.oOFoRAILWAY,o RAILWAYoBHAWAN,oNEWoDELHI-o110001. 2:THEoSTATEoOFoASSAM oTHROUGHoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDEPTT.oOFoREVENUEoANDoD.M.o(LR) oDISPUR oGUWAHATI oASSAM-o781006. 3:THEoDEPUTYoCOMMISSIONER oBONGAIGAON oP.O.oANDoDIST.-oBONGAIGAON oASSAM oPIN-o783381. 4:ADDITIONALoDEPUTYoCOMMISSIONER oBONGAIGAON oP.O.oANDoDIST.-oBONGAIGAON oASSAM oPIN-o783381. 5:SUBoDIVISIONALoOFFICER oNORTHoSALMARA oABHAYAPUR Page No.# 2/3 ASSAM. PIN- 6:GENERAL MANAGER NF RAILWAY MALIGAON GUWAHATI- 781011. 7:THE DEPUTY CHIEF ENGINEER NF RAILWAY JOGHGHOPA P.O. JOGIGHOPA DIST.- BONGAIGAON ASSAM PIN- 783382. 8:THE CIRCLE OFFICER BOITHAMARI REVENUE CIRCLE P.O.- BOITHAMARI DIST.- BONGAIGAON ASSAM PIN- 783389 Advocate for the Petitioner : MR. K M HALOI Advocate for the Respondent : SC, NF RLY BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI