Joychan Ch. Das and 2 Ors v. The State of Assam and 4 Ors

ORDER

16.10.2023 Heard Mr. S. Biswas, learned counsel for the petitioners. Also heard Ms. G. Hazarika, learned Standing Counsel, Revenue Department, Assam appearing for the respondent No.1, Mr. B. Choudhury, learned Standing Counsel, BTC authorities, appearing for the respondent No.2 and Mr. D. Nath, learned Senior Govt. Advocate, Assam appearing for the respondent Nos.3, 4 and 5. The petitioners herein claim to be the owners in possession of private patta land situated by the side of Rupsi PWD road at Kokrajhar. The petitioners have come to know that for the purpose of widening of the PWD road, the authorities are proposing to acquire parts of the adjacent land. The grievance of the Page No.# 3/4 petitioners is that instead of acquiring the land by following the due process of law, the PWD is trying to encroach upon their land thus depriving the petitioners of their valuable assets. Mr. Biswas, learned counsel for the petitioners submits that only the petitioner No.3 has been served with a notice asking him to appear and submit land documents for the purpose of acquisition of the land. However, the other parties have not yet been formally intimated of such acquisition although the process of widening of the road is under progress. Under the circumstances, the petitioners are seeking an interim order of protection of their rights over the land. Mr. D. Nath, learned Senior Govt. Advocate, Assam submits that the PWD would not disturb the possession of the petitioners over their private patta land without following the due process of law and therefore, the apprehension expressed in the writ petition is wholly unfounded. The learned Standing Counsel, Revenue Department and the learned Standing Counsel, BTC have also extended similar submission in this case. Since it is the admitted position of fact that widening of PWD road is going on in that area and considering the stand taken by the learned departmental authorities that the PWD would not encroach upon any land without following the due process of law, I am of the considered opinion that this matter can be disposed of at the stage of motion hearing by making certain observations and directions. As such, this writ petition stands disposed of by providing that if the respondents are in need of any land for widening of the road and if the land belonging to the petitioners is deemed necessary in any manner, then the same shall be Page No.# 4/4 acquired by following the due process of law and after serving prior individual notices in writing upon each of the petitioners. Prior to completion of the said process, the petitioners' possession over the land shall not be disturbed. With the above observation, the writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010228732023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6130/2023o JOYCHANoCH.oDASoANDo2oORS.o S/O-oJUGALoCHANDRAoDAS,oR/O-oVILL.-oBICHIMARI,oP.S.oANDoP.O.o FAKIRAGRAM,oDIST.oKOKRAJHAR,oBTR,oASSAM 2:oSANJAYoKR.oDAS oS/O-oLATEoMANORANJANoDAS oR/O-oVILL.-oBICHIMARI oP.S.oANDoP.O.oFAKIRAGRAM oDIST.oKOKRAJHAR oBTR oASSAM 3:oPRAFULLAoDAS oS/O-oLATEoSANANDAoDAS oR/O-oVILL.-oBICHIMARI oP.S.oANDoP.O.oFAKIRAGRAM oDIST.oKOKRAJHAR oBTR oASSAMo VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoDEPARTMENToOFo REVENUEoANDoDISASTERoMANAGEMENToDEPARTMENT,oGOVERNMENTo OFoASSAM,oDISPUR,oGHY-781006. 2:THEoBODOLANDoTERRITORIALoCOUNCIL oREPRESENTEDoBYoITSoSECRETARYoLAND oREVENUEoANDoDISASTERoMANAGEMENToDEPARTMENT oBODOFAoNWGWR oBTCoSECRETARIAT oKOKRAJHARo(BTR) oASSAM Page No.# 2/4 3:THE DISTRICT COMMISSIONER KOKRAJHAR DISTRICT KOKRAJHAR ASSAM 4:THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT (ROADS) KOKRAJHAR RURAL ROADS DIVISION KOKRAJHAR (BTR) ASSAM 5:THE CIRCLE OFFICER KOKRAJHAR REVENUE CIRCLE DIST. KOKRAJHAR (BTR) ASSAM Advocate for the Petitioner : MR. B J MUKHERJEE Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM