Bijen Ram Rabha and Anr v. The Union of India and 7 Ors

ORDER Date : 16.08.2024

Heard Mr. S. Hoque, the learned counsel appearing on behalf of the Petitioners and Ms. K. Phukan, the learned CGC appearing on behalf of the Respondent No.1. I have also heard Ms. R. Bora, the learned CGC appearing on behalf of the Respondent Nos. 2, 4 and 5. I have also heard Ms. G. Hazarika, the learned Government Advocate appearing on behalf of the Respondent No.3; Ms. S. Sharma, the learned Government Advocate appearing on behalf of the Respondent Nos. 6, 7 and 8.

¶2From a perusal of the materials on record, it is seen that the Petitioners herein have filed the instant petition seeking direction upon the Respondent Authorities to formally acquire the patta land of the Petitioners measuring 1 Bighas vide Dag No.106 covered by Patta No.8 at village Kharbuja as per the provision of law and to pay compensation as per the present market value of the said land.

¶3It is seen from the affidavit filed by the Petitioners on 16.08.2023 that the land of the Petitioners admeasuring 0.048 Hectare have already been acquired by issuance of notification under Section 3D of the National Highways Act, 1956 (for short "the Act of 1956"). Under such circumstances, the Petitioners herein would be duly entitled to the compensation in respect to so much of the land which have been acquired.

¶4Accordingly, the instant writ petition therefore stands disposed with the observations that the Petitioners herein would be entitled to the Page No.# 4/4 compensation as determined in terms with Section 3G(1) of the Act of 1956 in respect to the land so acquired of the Petitioners as mentioned in the notification dated 17.02.2023. It is further observed that if the Petitioners are aggrieved by the inadequacy of the compensation, the Petitioners can always take resort to the provisions of Section 3G(5) of the Act of 1956.

¶5With above observations and directions, the instant petition stands disposed of.

¶6Interim order passed if any, stands vacated.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010264992022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/37/2023o BIJENoRAMoRABHAoANDoANRo S/O-oLT.oSAGINoRABHA,oR/O-oSANTINAGAR,oGOALPARAoTOWN,oP.O.,oP.S.o ANDoDIST.-oGOALPARA,oASSAM 2:oGIRIoSANKARoRABHA oS/O-oLT.oSAGINoRABHA oR/O-oKHARBUJA oP.O.oDAKURBHITA oP.S.oANDoDIST.-oGOALPARA oASSAo VERSUSo THEoUNIONoOFoINDIAoANDo7oORSo REP.oBYoITSoSECY.oTOoTHEoGOVT.oOFoINDIA,oMINISTRYoOFoROADo TRANSPORToANDoHIGHWAYS,oNEWoDELHI-01 2:THEoNATIONALoHIGHWAYSoAUTHORITYoOFoINDIA oREP.oBYoITSoCHAIRMAN oHAVINGoITSoH.Q.oAToSECTORo10 oDWARKA oNEWoDELHI-o110075 3:THEoSTATEoOFoASSAM oREP.oBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM oREVENUEoANDoDISASTERoMANAGEMENToDEPTT. oDISPUR oGHY-06 4:THEoNATIONALoHIGHWAYSoAUTHORITYoOFoINDIA oREP.oBYoITSoCHAIRMAN oREGIONALoOFFICEoAToGUWAHATI oNEDFIoHOUSE o4THoFLOOR Page No.# 2/4 G.S.ROAD DISPUR GHY-06 5:THE GRADUATE ENGINEER- III FOR DGM (P)- PMU- DUBURI NHIDCL GTB ROAD OPP. BHOOTHNATH TEMPLE ABOVE AGARWAL MOTOR DHUBRI ASSAM PIN- 783324 6:THE COLLECTOR CUM DY. COMMISSIONER GOALPARA DIST.- GOALPARA ASSAM PIN- 783121 7:THE ADDL. DY. COMMISSIONER GOALPARA CUM COMPETENT AUTHORITY (LAND ACQUISITION) UNDER NATIONAL HIGHWAYS AUTHORITY OF INDIA GOALPARA DIST.- GOALPARA ASSAM PIN- 783121 8:THE CIRCLE OFFICER BALIJANA REVENUE CIRCLE DIST.- GOALPARA ASSAM PIN- 78312 For the Petitioner(s) : Mr. S. Hoque, Advocate For the Respondent(s) : Ms. K. Phukan, CGC : Ms. G. Hazarika, Govt. Advocate : Ms. S. Sharma, Govt. Advocate : Ms. R. Bora, CGC Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH