Jatil Parbo and 5 Ors v. The State of Assam and 5 Ors

ORDER

26.04.2023 Heard Shri B. Baruah, learned counsel for the petitioners. Also heard Shri C. Sarma, learned counsel for the NCHAC. Ms. N. Bordoloi, learned Standing Counsel, Revenue Department as well as Ms. S. Sarma, learned State Counsel are present.

¶2Considering the stand of the NCHAC in its affidavit dated 08.12.2022, this writ petition is taken up for disposal at the admission stage.

¶3The petitioners are residents of various villages in the district of Dima Hasao. Page No.# 4/5 The projected case of the petitioners is that due to the constructions of the Asom Malla (two lane highway), lands of the petitioners were adversely affected and there was no verification / assessment of the loss. The petitioners have accordingly approached this Court for a direction that proper assessment be done of the loss suffered and damage would be paid to them in accordance with law.

¶4Shri Baruah, learned counsel for the petitioners has however fairly submitted that in the affidavit-in-opposition filed by the authorities of the NCHAC on 08.12.2022, it has been stated that re-verification is being done over the land in question whereafter appropriate steps would be taken.

¶5Shri C. Sarma, learned counsel for the NCHAC while endorsing the submission made on behalf of the petitioners submits that in the affidavit dated 08.12.2022 mentioned above, the aforesaid averment has been made in paragraphs 7 and 8. The said paragraphs are extracted hereinbelow- "7. That the deponent begs to state that spot re-verification of the sites is going on throughout the proposed stretches of the project to ascertain that no affected people were left out in the said Asom Malla Project.

¶8That the deponent begs to state that since re-verification process of the land is undergoing at present and not yet completed, so the information which was sought by the petitioner through the Right to Information Act could not be furnished to them. It can be furnished only when the re-verification process is completed."

¶6The learned counsel for the petitioners accordingly submits that in view of such statements, the relief claimed can be modified to the extent that the re-verification exercise be concluded expeditiously and the outcome of the same be communicated to the petitioners.

¶7In view of the aforesaid facts and circumstances, the instant writ petition is disposed of by directing the respondent no. 4 to complete the re-verification exercise Page No.# 5/5 expeditiously and preferably within a period of 2(two) months from today and thereafter to communicate its outcome to the petitioners and other affected persons.

¶8The writ petition accordingly stands disposed of.

¶9It is needless to state that based on the re-verification exercise, necessary consequences are required to be followed in accordance with law. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010237962022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7734/2022o JATILoPARBOoANDo5oORSo SONoOFoLATEoGYANONoPARBO,o RESIDENToOFoVILLAGE-oDIDARBI,o P.S-oDIHANGI,oDISTRICT-oDIMAoHASAOo(ASSAM),oPIN-o788819. 2:oHAMBANONoHASNU oSONoOFoLATEoTHANGMONoHASNU o RESIDENToOFoVILLAGE-oLANGLAIoHASNU o P.O.oANDoP.S.-oDIHANGI o DISTRICT-oDIMAoHASAOo(ASSAM) oPIN-o788819. 3:oKOMINONoHOJAI oSONoOFoLATEoJATHINDROoHOJAI o RESIDENToOFoVILLAGE-oTEREH o P.O.oANDoP.S.-oDIHANGI o DISTRICT-oDIMAoHASAOo(ASSAM) oPIN-o788819. 4:oKHALONoHAFLONGBAR oSONoOFoLToDHANSAoHAFLONGBAR o RESIDENToOFoVILLAGEoDIGRIK o P.O.oANDoP.S.-oHAFLONG o DISTRICT-oDIMAoHASAOo(ASSAM) o PageoNo.#o2/5 PIN-o788819. 5:oJUBITAoDIBRAGEDE oWIFEoOFoRANGMAoDIBRAGEDE o RESIDENToOFoVILLAGE-oPRABDISA o P.O.oDIYUNGBRA oP.S.-oDIYUNGMUKH o DISTRICT-oDIMAoHASAOo(ASSAM) o PIN-o788819. 6:oJOYBANONoBATHARI oSONoOFoLATEoDIRONoBATHARI o RESIDENToOFoVILLAGE-oSARATNAGAR o P.O.oANDoP.S.-oHAFLONG o DISTRICT-oDIMAoHASAOo(ASSAM) o PIN-o788819o VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o (LR)oDEPARTMENT,oDISPUR,oGUWAHATI-o781006. 2:THEoPRINCIPALoSECRETARY oN.C.oHILLSoAUTONOMOUSoCOUNCIL oHAFLONG oDISTRICT-oDIMAoHASAO oPIN-o788819 oASSAM. 3:THEoDEPUTYoCOMMISSIONER oDISTRICT-oDIMAoHASAO o HAFLONG oPIN-o788819 oASSAM. 4:THEoSECRETARYoANDoREVENUEoOFFICERo(W) Page No.# 3/5 NC HILLS AUTONOMOUS COUNCIL HAFLONG DISTRICT- DIMA HASAO PIN- 788819 ASSAM. 5:THE CHIEF ENGINEER PUBLIC WORKS ROAD DEPARTMENT (EAP) FATASIL AMBARI GUWAHATI DISTRICT- KAMRUP(M) PIN- 781025. 6:THE EXECUTIVE ENGINEER PUBLIC WORKS ROAD DEPARTMENT HAFLONG DISTRICT- DIMA HASAO PIN- 788819 ASSAM Advocate for the Petitioner : MR. B BARUAH Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI