Indreswar Keut v. The State of Assam and 4 Ors

Order

31.07.2024

¶1Heard Mr. PP Dutta, learned counsel for the petitioner. Also heard Mr. H Sarma, learned State counsel and Ms. R. B. Bora, learned counsel representing the respondent No. 5 and Ms. P Mahanta, learned standing counsel for the Revenue Department.

¶2According to the petitioner, three plots of lands belonging to the petitioner covered by patta No. 8 of Dag No. 510, Patta No. 8 Dag No. 579 and patta No. 91 of Dag No. 529 of village Hukajan of Biswanath district was acquired by the respondent authority for construction of four lane national Highway. But the respondent authority has not paid the determined compensation to the petitioner in respect of the acquired lands.

¶3The NHIDCL has filed an affidavit through the Deputy General Manager (P), NHIDCL and contended that the petitioner has been paid due compensation and being aggrieved the petitioner had also approached the arbitrator for enhancement and enhancement was also granted and such enhancement has also been paid.

¶4At this stage, the learned counsel for the petitioner submits that though such payment has been made after filing of the writ petition, however, according to him a revision in the rate of compensation was made, so far relating to the lands of the petitioner and nearby lands and such enhanced and revised compensation has not yet been paid. Page No.# 3/3

¶5In the aforesaid backdrop, Mr. H Sarma, learned counsel representing the Deputy Commissioner cum Collector, Biswanath district submits that such prayer can be considered by the Collector cum competent authority himself and pass an order.

¶6At this stage, Mr. Dutta submits that though he is aware that the rate has been revised, however, the final order determining such rates has not been furnished to him and therefore a direction may also be issued to the competent authority to furnish such list prepared under Section 3G of the Highway Act.

¶7Considering such submission and taking note of the consensus arrived at, as well as the nature of litigation, this court is of the view that the present writ petition can be disposed of directing the petitioner to file a detailed application seeking revised compensation before the District Collector cum competent authority and in the event such application is filed, same be considered and a speaking order be passed as per law. The copy of the order, if any passed under Section 3G of the Act may also be furnished to the petitioner. Such exercise be completed within a period of 8 weeks from the date of receipt of a certified copy of a order to be furnished by the petitioner before the Deputy Collector cum competent authority.

¶8Writ petition stands disposed of accordingly. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010315862019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/9470/2019o INDRESWARoKEUTo S/O-oLT.oNOMALoKEUT,oR/O-oVILL-oBARANGABARI,oP.O.oBORONGABARI,o P.S.oGOHPUR,oDIST.-oBISWANATH,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oREVENUEoAND DISASTERoMANAGEMENToDEPTT.,oDISPUR,oGHY-6 2:THEoDY.oCOMMISSIONER oBISWANATHoCHARIALI oDIST.-oBISWANATH oASSAM 3:THEoADDL.oDY.oCOMMISSIONER o(REVENUE)oBISWANATH-oCUM-oCOMPETENToAUTHORITYoUNDERoTHEo NATIONALoHIGHWAYoACT o1956 oOFFICEoOFoTHEoDY.oCOMMISSIONER oBISWANATH oASSAM 4:THEoCIRCLEoOFFICER oBISWANATH oASSAMoREVENUEoCIRCLE oDIST.-oBISWANATH oASSAM 5:NATIONALoHIGHWAYSoANDoINFRASTRUCTUREoDEVELOPMENTo DEVELOPMENToCORPORATIONoLTD.o(NHIDCL) oREP.oBYoITSoGENERALoMANAGERo(PROJECT)oBRANCHoOFFICEoNHIDCL Page No.# 2/3 SAROJ TOWER 1ST FLOOR OPP. DON BOSCO HIGH SCHOOL MAZGAON NH-37 TEZPUR PIN- 78400 Advocate for the Petitioner : MR. T J MAHANTA, MR B S DEKA,MR. P P DUTTA,MR T GOGOI Advocate for the Respondent : GA, ASSAM, SC, REVENUE,SC, NHIDC BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY