Disposed

Indreswar Pawe v. the State of Assam

Gauhati HC2 Feb 2018WP(C)/488/2018

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition challenging the intention to forcibly take possession of private land for highway construction without compensation assessment. The court directed authorities to expedite the assessment and adhere to statutory procedures before taking possession.

What did the court decide?

Directed respondents to expedite assessment of compensation and issue prior intimation before taking possession of the land.

Indreswar Pawe Vs the State of Assam — Land Acquisition | Gauhati HC (2018)

¶1

Page No.# 1/4

¶2

GAHC010015672018

¶3

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

¶4

Case No. : WP(C) 488/2018

¶5

1:INDRESWAR PAWE

¶6

R/O VILLAGE- POHUMARA, PO POHUMARA, PS NORTH LAKHIMPUR

¶7

VERSUS

¶8

1:THE STATE OF ASSAM

¶9

THROUGH THE SECRETARY TO THE GOVT. OF ASSAM, REVENUE DEPARTMENT, DISPUR, GUWAHATI 781006

¶10

2:THE DEPUTY COMMISSIONER (LAND ACQUISITION BRANCH) LAKHIMPUR NORTH LAKHIMPUR

¶11

3:THE CIRCLE OFFICER NOWBOISA PO- NOWBOIS

¶12

Advocate for the Petitioner : MR. S C BISWAS

¶13

Advocate for the Respondent : GA, ASSAM

¶14

BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

¶15

ORDER

¶16

02.02.2018

¶17

Heard Mr. S. C. Biswas, learned counsel for the writ petitioner. I

¶18

Page No.# 2/4

¶19

have also heard Ms. M. Bhattacharjee, learned Addl. Senior Govt. Advocate, Assam appearing for the respondents.

¶20

The writ petitioner herein claims to be the owner of private patta land measuring 4 Katha covered by Dag No.481(Tha) and 483(Tha) of P.P. No.77 of village Pohumara under Nowboisa Revenue Circle and the building standing thereupon situated in the district of Lakhimpur as described in the writ petition. For the purpose of construction of National Highway No.52 the authorities are in requirement of land and therefore, there was a move initiated for acquiring the petitioner’s land in connection with L.A. Case No.125/2010. However, according to Mr. Biswas, till today no up-to-date assessment for payment of compensation in respect of the land to the petitioner has been made by the authorities. Notwithstanding the same, the respondents are contemplating to forcibly take over possession of the petitioner’s land and building by demolishing the existing structures by using bulldozers thereby causing serious prejudice to the rights and interest of the petitioner.

¶21

Claiming that the petitioner is still in possession of the land and building, Mr. Biswas submits that the petitioner is entitled to a reasonable notice before the authorities take over possession of the land and such action must also be in accordance with the provisions of the Assam Land (Requisition and Acquisition) Act, 1948 read with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and

¶22

Page No.# 3/4

¶23

Resettlement Act, 2013. The learned counsel for the petitioner submits that if the possession of the land is taken over in violation of the statutory provisions then the petitioner will be deprived of his property in violation of her rights guaranted under Article 300A of the Constitution of India. Under the circumstances, a prayer has been made for a protection of the interest of the petitioner in the matter.

¶24

Ms. M. Bhattacharjee, learned Addl. Senior Govt. Advocate, Assam, submits that if the land of the petitioner is acquired by the authorities, due compensation will be paid to him after making proper assessment and the respondents will not take over possession of the land without following the due procedure of law.

¶25

In view of the apprehension expressed in the writ petition and considering the submission made by the learned Additional Senior Government Advocate I am of the view that the writ petition can be disposed of at the motion stage. As such, on the basis of agreement reached by the learned counsel for the parties, I dispose of the writ petition by directing that the respondents may expedite the process of making up-to-date assessment of the land and building proposed to be acquired by them. While taking over possession of the land under occupation of the petitioner, the respondents would strictly adhere to the provisions of law and issue prior intimation to the petitioner before any action is taken in the matter.

¶26

Page No.# 4/4

¶27

The learned Government Advocate to communicate the order to

¶28

the concerned authorities.

¶29

The writ petition stands disposed of.

¶30

JUDGE

¶31

Comparing Assistant

Indreswar Pawe v. the State of Assam

Case brief

What is this about?

What did the court decide?

Indreswar Pawe v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Isamuddin Ahmed and 6 Ors. Vs the State of Assam and Ors.

Kamal Dutta Vs the State of Assam and 7 Ors.

MD Sahadat Ali and 3 Ors. Vs the Assam Board of Revenue , Guwahati and Ors.

Abu Mustafa Sk. Vs the State of Assam and 7 Ors.

Abu Mustafa Sk. Vs the State of Assam and 11 Ors.

Ataur Rahman Vs the State of Assam