Rohis Uddin Mollah and 14 Ors v. The State of Assam and 5 Ors

O R D E R

20.12.2023 The instant writ petition is taken up for disposal at the motion stage itself.

¶215 writ petitioners alleging that in the land acquisition proceedings initiated for acquisition of 64 bighas 4 kathas 3 lechas of land at village Takimari, Dakshin Satvendi, Bhalukmari the concerned authorities have not Page No.# 5/6 surveyed the land in a proper manner for which these petitioners are not included within the ambit of persons interested. Being aggrieved, the petitioners have submitted a requisition on 16.02.2022 which has also not been considered for which the instant writ petition has been filed.

¶3Mr. J. Handique, the learned counsel appearing on behalf of the Collector/the District Commissioner, Goalpara had placed before this Court an instruction issued to the Executive Engineer, Goalpara Water Resource Division, Goalpara wherein it has been mentioned that the field level joint survey was conducted for identification of actual land falling within the area of acquisition for construction of the said scheme with the Circle Officer, Lakhipur Revenue Circle and the Executive Engineer, Water Resource Division, Goalpara. The said joint survey was completed on 18.03.2023 and a report was duly submitted. On the basis of the said report, the land was acquired as per Form-F under Section 9 (2) of the Assam Land (Requisition and Acquisition) Act, 1964 (for short, 'the Act of 1964'). The said communication is dated 28.07.2023 and 5 months have duly elapsed therefrom. It is submitted by the learned counsel for the District Commissioner, Goalpara as well as the learned counsel appearing on behalf of the Water Resources Department that the Award is yet to be made and filed as per the Act of 1964. The instructions so submitted by Mr. J. Handique, the learned counsel appearing on behalf of the Collector/the District Commissioner, Goalpara is kept on record and marked with the letter "X".

¶4This Court also takes note of that the basis on which the instant writ petition is filed is the representation submitted on 16.02.2022 and in the meantime on 18.03.2023 there has been a further survey conducted. It is, Page No.# 6/6 therefore, not known from the statement made in the writ petition as to whether now after the recent survey conducted on 18.03.2023, the names of the petitioners have been duly inserted. This Court further taking note of that there is no representation so submitted before the concerned District Commissioner pursuant to the joint survey conducted on

18.03.2023 is not inclined to entertain the instant writ petition.

¶5Be that as it may, the petitioners herein are given the liberty to approach the respondent authorities, more particularly, the District Commissioner, Goalpara if the petitioners have any objection in respect to the joint survey conducted on 18.03.2023 and the District Commissioner, Goalpara shall duly consider the same. This Court however observes that in the event the Award has been made and filed in respect to the said acquisition proceedings, the District Commissioner, Goalpara would be functus officio for which, if any representation is filed, it shall be treated as an application under Section 12 of the Act of 1964 and due reference be made in terms with the said provision to the Court.

¶6With the above observation and direction, the instant writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010280602023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7258/2023o ROHISoUDDINoMOLLAHoANDo14oORSo S/O-oHOSSENoALIoMOLLAH,oR/O-oTAKIMARI,oBANYAGURI,oP.S.oLAKHIPUR,o DIST.-oGOALPARAo(ASSAM),oPIN-o783132 2:oMAHIRoUDDINoSHEIKH oS/O-oABDULoJUBBAR oR/O-oDAMRIBHASHA 3:oANOWARoHUSSAIN oS/O-oNASIRoUDDIN 4:oSHEIKHoMONOWARoHUSSAIN oS/O-oRIYAZoUDDINoSHEIKH 5:oSHOBITAoPARBIN oW/O-oMOSLEMoALIoSHEIKH oR/O-oTEKONA oP.O.oKATARIHARA PageoNo.#o2/6 6:oACHMAToALI oS/O-oCHAKUoSHEIKH 7:oMANOWARAoKHATUN oS/O-oPASHANoALI 8:oAFZALURoRAHMAN oS/O-oNACHIRoUDDIN 9:oTOSERoUDDIN oS/O-oNURoHOSENoSHEIKH oJALESWARoBILL 10:oISMAIoHUSSAIN oS/O-oABDULoJUBBARoSHEIKH oR/O-oBAROTANGoVITA 11:oSHAHJAHANoALI oS/O-oSATTARoALI 12:oAMJAToALI oS/O-oLATEoTAJIMoUDDIN PageoNo.#o3/6 13:oABULoHUSSAIN oS/O-oJAYENoULLAoSHEIKH 14:oNASIRoUDDINoKHAN oS/O-oHASENoALIoKHAN 15:oPORANoALI oS/O-oBABURoALI oR/O-oCHOTUDMARI oPIN-o78313o VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oWATERoRESOURCESo(FLOODoCONTROL)oDEPARTMENT,o DISPUR,oGHY-6 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPARTMENT oDISPUR oGHY-06 3:THEoDEPUTYoCOMMISSIONER oGOALPARA oP.O.oANDoP.S.oANDoDIST.-oGOALPARA oASSAM oPIN-o783101 4:THEoCHIEFoENGINEER oWATERoRESOURCESoDEPARTMENT oCHANDMARI Page No.# 4/6 GUWAHATI-03 5:THE EXECUTIVE ENGINEER (E AND D) DIVISION GOALPARA DIST.- GOALPARA ASSAM PIN- 783126 6:THE CIRCLE OFFICER LAKHIPUR REVENUE CIRCLE LAKHIPUR DIST.- GOALPARA ASSAM PIN- 78313 Advocate for the Petitioner : MR. A R BHUYAN Advocate for the Respondent : GA, ASSAM For the petitioner (s) : Mr. W. Rahman, Advocate For the respondent (s) : Mr. P. Nayak, Advocate Mr. R. C. Das, Advocate Mr. J. Handique, Advocate BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH