M/S Keshari Industries v. The State of Assam and 3 Ors

ORDER Date : 25.09.2024

Heard Mr. G. Bordoloi, the learned counsel appearing on behalf of the Petitioner and Mr. D. Mozumder, the learned Additional Advocate General assisted by Ms. D. Devi, the learned counsel appearing on behalf of the Respondent Nos. 1, 2 and 3. I have also heard Mr. A. Kalita, the learned Sanding counsel for the Respondent No.4.

¶2The Petitioner herein has filed the instant writ petition being aggrieved by the non-payment of the additional compensation as per the re-assessed valuation report dated 04.01.2020 and the non-consideration of the representation submitted on 15.09.2021 to the Deputy Commissioner, Kamrup (Rural).

¶3This Court had issued notice on 20.09.2024 thereby sought for instructions as to whether there is any Gazette Notification in respect to the notification under Section 6 of the Assam Land (Requisition and Acquisition) Act, 1964 (for short 'the act of 1964') and further as to whether there is an award passed and if so when. Page No.# 3/5

¶4Pursuant to the said directions passed by this Court, Mr. D. Mozumder, the learned Additional Advocate General has placed before this Court an instruction issued by the Additional District Commissioner whereby it was mentioned that Section 6 of the notification was under the Act of 1964 was published on 29.09.2018.

¶5Taking into account the above, it would be apparent that in view of the provisions of Section 6(2) of the Act of 1964, the land vested upon the Government. It is also seen that the award was passed on

12.05.2020 and an amount of Rs.14,47,303/- was paid to one Smti. Sarita Soni for an area admeasuring 2 Kathas 16.66 Lechas. In addition to that, it is also seen that an amount of Rs.1,64,58,314/- was paid to the petitioner.

¶6It is the case of the Petitioner that the said amount so paid is not in consonance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and more particularly Section 26 to 30 of the said Act of 2013. It is also the case of the Petitioner that even the Secretary, Revenue and Disaster Management Department of the Government of Assam had in its order dated 04.01.2020 held that the Petitioner would be entitled to higher compensation and as such the Petitioner had requested the Respondent Authorities vide the communication dated 15.09.2021 to re-assess the compensation and pay the additional compensation.

¶7Be that as it may, the fact remains that an award had already been passed. In terms with Section 12 of the Act of 1964, any person who is aggrieved as regards the inadequacy of the compensation can seek a reference to the Collector for the purpose of referring the matter to the Page No.# 4/5 Court for determining the compensation as entitled under law.

¶8This Court also of the opinion that once award is passed, the said award becomes a conclusive evidence between the Collector as well as the persons interested and the same cannot be tinkered with unless and until the same is done in accordance with the provisions of the Act of 1964. Under such circumstances, it is the further opinion of this Court that this Court under Article 226 of the Constitution ought not to exercise its extraordinary jurisdiction in the present facts but for the ends of justice ought to grant liberty to the Petitioner to approach the Collector i.e. the District Commissioner, Kamrup (R), Amingaon by submitting an application seeking a reference to the Court, if the petitioner is aggrieved by the inadequacy of the compensation.

¶9Accordingly, the instant petition therefore stands disposed of with the following observations and directions:

(i) The award so passed in L.A. Case No.17/2018 is conclusive insofar as between the Petitioner as well as the Collector in respect to the acquisition of the property of the Petitioner.

(ii) The Petitioner can avail remedies against the said award by submitting an application within 30 days from today before the Collector/District Commissioner, Kamrup (R), Amingaon seeking reference for re-determination of the compensation.

(iii) Upon such application being filed, the Collector/District Commissioner, Kamrup (R), Amingaon shall forthwith and not later than 15 days therefrom make a reference to the Court of the learned District Judge, Kamrup (R), Amingaon in terms with Section 19 of the Land Page No.# 5/5 Acquisition Act, 1894.

(iv) The Petitioner herein would be at liberty to place all such materials which have been placed before this Court as well as other materials at the time of submission of its statement of claim seeking enhancement of the compensation.

¶10The instructions so placed by Mr. D. Mozumder, the learned Additional Advocate General is kept on record and marked with the letter "X".

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010206952021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6564/2021o M/SoKESHARIoINDUSTRIESo AoPARTNERSHIPoFIRMoDULYoREGISTEREDoUNDERoTHEoINDIANo PARTNERSHIPoACT,o1932oHAVINGoITSoPRINCIPALoPLACEoOFoBUSINESSoATo ABHOYPUR,oNORTHoGUWAHATI,oAMINGAON,oGUWAHATIo781031,oDISTo KAMRUP,oASSAM,oDULYoREPRESENTEDoBYoONEoOFoITSoPARTNERo NAMELYoSRIoPAWANoKUMARoSONI,oAGEoABOUTo50oYEARS,oS/OoLATEo MANIKoCHANDoSONI,oRESIDENToOFoASTHAoPRESTIGE,oFLAToNO.oCo803,oNoS ROAD,FATASILoAMBARI,oNEARoOLDoGLASSoFACTORY,oGUWAHATIo781009,o KAMRUPoMoASSAM VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo DULYoREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVT.oOFoASSAM.oREVENUEoANDoDMoDEPARTMENT,oDISPURoGUWAHATIo 781006,oKAMRUPoMoASSAM 2:THEoDEPUTYoCOMMISSIONERoCUMoCOLLECTOR oLANDoACQUISITIONoBRANCH oKAMRUP.oAMINGAON o781031 oASSAM 3:THEoCIRCLEoOFFICER oNORTHoGUWAHATIoREVENUEoCIRCLE oLANDoACQUISITIONoBRANCH oKAMRUPo781031 oASSAM 4:THEoGENERALoMANAGER Page No.# 2/5 DISTRICT INDUSTRIES AND COMMERCE CENTRE KAMRUP (R) MIRZA ASSAM 78110 For the Petitioner(s) : Mr. G. Bordoloi, Advocate For the Respondent(s) : Mr. D. Mozumder, Addl. AG : Ms. D. Devi, Advocate : Mr. A. Kalita, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH