Jangli Gour and 19 Ors v. The State of Assam and 2 Ors

ORDER

04.04.2024 Heard Mr. S. Chauhan, learned counsel for the petitioners. Also heard Mr. B. Goswami, learned Addl. AG, Assam assisted by Mr. C.S. Hazarika, learned Junior Government Advocate, Assam for respondent Nos. 2 & 3 and Mr. C. Sharma, learned Government Advocate for respondent No. 1. By filing this writ petition, the writ petitioners are seeking compensation in respect of their lands, which was acquired by the respondents. The fact of the case is that the petitioners' land was acquired on

12.08.2002 by issuing notice under Section 9 of the Land Acquisition Act, 1894 for the purpose of construction of embankment of Kapili river, namely Jogijan-Kapili Project. The respondents took possession of land of the petitioners on

24.08.2002. However, till date, compensation has not been paid. Mr. B. Goswami, learned Addl. AG, Assam by producing the instruction Page No.# 4/5 received by the Junior Government Advocate from the office of the Addl. District Commissioner on 13.02.2024 to the effect that the compensation of the petitioners' land have been calculated and fixed at Rs. 14,29,62,343.97/- and accordingly has forwarded the same to the requiring authority, i.e., Water Resource Department for placing the fund in order to make payments to the affected parties, i.e. petitioners. Copies of the said instructions has been placed on record, which are marked as Annexure-'X' & 'Z' and the same has also been furnished to the learned counsel appearing on behalf of the petitioners. The learned counsel for the petitioners submits that he has no objection if the said amount is paid to the petitioners and the same shall address the grievances raised in the writ petition. Mr. C. Sharma, learned Government Advocate for respondent No. 1 submits that after receiving the proposal from the Government of Assam, the funds can be made available to the District Commissioner to enable him to disburse the same to the petitioners. In view of the aforesaid endorsements made by the respective counsels, this Court is of the considered view that for the ends of justice, this writ petition can be disposed of with a direction to the requiring authority, i.e., respondent No. 1 Water Resourse Department to consider the proposal received from the office of the District Commissioner, Government of Assam and make the necessary funds available to the District Commissioner, Hojai District so as to enable the office of the Deputy Commissioner to disburse the same to the Page No.# 5/5 petitioners in accordance with law. It is needless to clarify that the said exercise should be completed within a period of 6 months from the date of receipt of a certified copy of this order. The petitioners shall submit a certified copy of this order to the respondent No. 3. Accordingly, the writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010254722014 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1039/2014o JANGLIoGOURoando19oORSo S/OoLT.oBADRIoGOUR. 2:oSRIoPHULENAoGOUR oS/OoRAMDANIoGOUR 3:oHIRAoLALoCHAUHAN oS/OoLT.oDOMAoNUNIA 4:oSHYAMoBABUoCHAUHAN oS/OoLT.oDOMAoNUNIA 5:oUMESHoGOUR o 6:oMOHANoGOUR o 7:oSANJOYoGOUR o 8:oBIJOYoGOUR o 9:oMUNNAoGOUR o 10:oBHAGAWANoGOUR o PageoNo.#o2/5 11:oGOURIoSANKARoGOUR oPETITIONERoNO.o5oTOo11oAREoTHEoSONSoLT.oGANGAoGOUR. 12:oSMTIoKAMALAoDEVI oW/OoLT.oGANGAoGOUR 13:oSHEOoRATANoGOUR oS/OoLT.oTILESWARoOUR 14:oSMTIoGIYANTIoDEVI oD/OoLT.oMANILALoGOUR 15:oHARENDRAo@oHARINDARoGOUR oS/OoLT.oPARASHoGOUR 16:oSMTIoFULJHARIAoGOUR oD/OoLT.oPARASHoGOUR 17:oRAMAKANTAoCHAUHAN oS/OoLT.oBHADAIoCHAUHAN 18:oDASARAToCHOUDHURY oS/OoLT.oMANO 19:oGOURIoSANKARoCHOUDHURY oS/OoLT.oDUDHoNATHoCHOUDHURY 20:oSMTIoGULMATIoDEVI oD/OoLT.oSHEOoPUJANoMUSI oALLoAREoR/OoVILL-oTHAISUBALI oP.O.oKARIKHANA oMOUZA-oLANKA oP.S.oLANKA oDIST.oNAGAON oASSAMo VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo REP.oBYoTHEoCOMMISSIONERoandoSECY,oWATERoRESOURCESo DEPARTMENT,oDISPUR,oGHY-6. 2:THEoDEPUTYoCOMMISSIONERoCUMoCOLLECTOR oNAGAONoDISTRICToAToNAGAON Page No.# 3/5 3:THE SUB-DIVISIONAL OFFICER CIVIL SANKARDEV NAGAR HOJAI SUB-DIVISION HOJAI DIST. NAGAON Advocate for the Petitioner : MR.A R SHOME Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI