Page No.# 1/4 vs The State Of Assam And 4 Ors on 20 December, 2024

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Gauhati High Court

Page No.# 1/4 vs The State Of Assam And 4 Ors on 20 December, 2024

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                         Page No.# 1/4

GAHC010273482024




                        THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/6978/2024

         GITA RANI DEY AND 4 ORS
         W/O LATE BADAL CHANDRA DEY
         R/O KATHAL ROAD,
         P.O. BHAKATPUR
         P.S. SILCHAR,
         DIST. CACHAR, ASSAM

         2: BAHAR UDDIN BARBHUIYA
          S/O AZIR UDDIN BARBHUIYA
         R/O KATHAL ROAD

         P.O. BHAKATPUR
         P.S. SILCHAR

         DIST. CACHAR
         ASSAM

         3: AJMAL HUSSAIN CHOUDHURY
          S/O LATE ALA UDDIN CHOUDHURY
         R/O KATHAL ROAD

         P.O. BHAKATPUR
         P.S. SILCHAR

         DIST. CACHAR
         ASSAM

         4: BADRUL HUSSAIN LASKAR
          S/O LATE KAMAL UDDIN LASKAR
         R/O KATHAL ROAD

         P.O. BHAKATPUR
         P.S. SILCHAR
                                                       Page No.# 2/4

DIST. CACHAR
ASSAM

5: NILUTPOL DEY
 S/OLATE NISHIT RANJAN DEY
R/O KATHAL ROAD

P.O. BHAKATPUR
P.S. SILCHAR

DIST. CACHAR
ASSA

VERSUS

THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM,
REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR,
GUWAHATI-06.

2:TEH COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT. OF
ASSAM

PUBLIC WORKS (ROAD) DEPARTMENT

DISPUR
GUWAHATI-06.

3:THE DISTRICT COMMISSIONER

CACHAR
ASSAM

PIN-788001.

4:THE CIRCLE OFFICER

SILCHAR REVENUE CIRCLE
SILCHAR
CACHAR
ASSAM
PIN-788001

5:THE EXECUTIVE ENGINEER

PWD (ROADS) CACHAR
ASSAM
PIN-78800
                                                                           Page No.# 3/4


Advocate for the Petitioner   : MR H R A CHOUDHURY, B DAS,MR. A M AHMED

Advocate for the Respondent : SC, REVENUE, SC, PWD,GA, ASSAM




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                        ORDER

20.12.2024

Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Mr. A.M.
Ahmed, learned counsel for the petitioner. Also heard Mr. P. Nayak, learned
Standing Counsel for the PWD.

The petitioner claimed to be the owner of patta land by the side of the
Silchar Kathal Road at the outskirt of Silchar Town which connects the Silchar Town
to the National Highway Bye pass in the District of Silchar. Pursuant to the project
undertaken by the PWD, the PWD is proposing to construct the drain-cum-footpath
on the roadside land.

The grievance of the petitioners is that the construction is being carried out
on portions of land which are over the patta land belonging to the petitioners.
Under such circumstances, as per the provision of law the land ought to have been
acquired under the provisions of the Rehablitation and Re-settlement and
Acquisition of land under 2013 Act and due compensation ought to have been paid.
However, the respondents have not acceded to the request made by the petitioners
and have proceeded for construction on the said land.

The learned counsel for the petitioners has referred to an order of the Co-
ordinate Bench Dated 27.09.2024 passed in WP(C) No. 3669 of 2024, whereby
other petitioners in the nearby area approached this Court and the writ petition
filed by them came to be disposed of with direction that the land Revenue Officials
Page No.# 4/4

to measure and demarcate the land claimed to be belonging to the petitioners
therein and thereafter the construction should proceed.

The learned Senior Counsel submits that similar order was passed in the
present matter also.

The learned counsel appearing for the respondents does not object to the
submissions by the learned Senior Counsel for the petitioner.

Accordingly, this writ petition stands disposed of directing the respondent
District Commissioner, Cachar to depute the land Revenue Officials and thereafter
steps for demarcation being carried out in the presence of the writ petitioners and
the other officials to verify whether the propose drain-cum-footpath while being
constructed has passed over the patta land of the writ petitioners.

If such construction is carried over in the same land then proper steps be
taken for acquisition on the said portion of land and for paying the compensation
accordingly.

The entire exercise will be carried on within 15 days from the date of receipt
of certified copy of this order to be served by the writ petitioners.

With the above observations the writ petition is stands disposed of.
The construction of the drain shall proceed after the demarcation as
ordered.

JUDGE

Comparing Assistant



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