Disposed

Jana Sing Ronghang and 4 Ors. v. the Union of India and 18 Ors.

Gauhati HC10 Mar 2022WP(C)/1583/2022

Case brief

AI extract

What is this about?

This writ petition challenged the illegal settlement and subsequent acquisition of government land used as a cremation ground. The Court observed that the requisite notifications for acquisition were partially pending and directed the petitioners to approach the competent authority of land acquisition after the issuance of a public notice under Section 3G and a reference under Section 3H(4) of the

What did the court decide?

Petition disposed of with direction to approach competent authority for redressal after public notice under Section 3G and reference under Section 3H(4) of the National Highways Act, 1956.

Jana Sing Ronghang and 4 Ors. Vs the Union of India and 18… — Land Acquisition | Gauhati HC (2022)

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GAHC010028992022

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

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Case No. : WP(C)/1583/2022

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JANA SING RONGHANG AND 4 ORS S/O- LUNSE RONGHANG VILL- LUNSE RONGHANG ARONG, LANGPARPAN, P.O AND P.S- MANJA, PIN-782461, DIST- KARBI ANGLONG (PRESIDENT OF LUNSE RONGHANG VILLDEV.COMMITTEE,LONGNIT,LANGPARPAN, KARBI ANGLONG)

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2: SONA SING TERANG S/O- LONGKI TERANG VILL- LUNSE RONGHANG ARONG

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LANGPARPAN P.O AND P.S- MANJA

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PIN-782461 DIST- KARBI ANGLONG (SECRETARY OF LUNSE RONGHANG VILL- DEV.COMMITTEE LONGNIT LANGPARPAN KARBI ANGLONG)

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3: LUNSE RONGHANG VILL DEV.COMMITTEE LONGNIT LANGPARPAN REPRESENTED BY ITS PRESIDENT AND SECRETARY P.O AND P.S- MANJA

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PIN-782461 DIST- KARBI ANGLONG 4: BHISMO TERANG S/O- LONGKI TERANG VILL- LUNSE RONGHANG ARONG

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Page No.# 2/7

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LANGPARPAN P.O AND P.S- MANJA

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PIN-782461 DIST- KARBI ANGLONG

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5: BOR SING RONGHANG S/O- DOK RONGHANG VILL- LUNSE RONGHANG ARONG

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LANGPARPAN P.O AND P.S- MANJA PIN- 782461 DIST- KARBI ANGLONG

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6: SON INGTI S/O- CHINTHONG INGTI VILL- LUNSE RONGHANG ARONG

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LANGPARPAN P.O AND P.S- MANJA PIN- 782461 DIST- KARBI ANGLON

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VERSUS

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THE UNION OF INDIA AND 18 ORS

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REPRESENTED BY THE SECRETARY TO THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, GOVERNMENT OF INDIA, NEW DELHI110001

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2:THE NATIONAL HIGHWAY AUTHORITY OF INDIA REPRESENTED BY THE CHAIRMAN G5-6 DWARIKA NAGAR NEW DELHI-75

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3:THE MANAGING DIRECTOR NATIONAL HIGHWAYS INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED PTI BUILDING PARLIAMENT STREET NEW DELHI-110001.

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4:THE STATE OF ASSAM

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REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF HILL AREAS GOVT. OF ASSAM DISPUR KAMRUP(M)

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ASSAM PIN-781006 5:THE KARBI ANGLONG AUTONOMOUS COUNCIL REPRESENTED BY PRINCIPAL SECRETARY DIPHU KARBI ANGLONG PIN-782460 6:THE PRINCIPAL SECRETARY KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU KARBI ANGLONG PIN-782460 7:THE DEPUTY SECRETARY (ESTT. AND LA) NATIONAL HIGHWAY AUTHORITY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS R.NO. 103 TRANSPORT BHAVAN 1 PARLIAMENT STREET NEW DELHI-1 8:THE DEPUTY COMMISSIONER KARBI ANGLONG DIPHU PIN-782460 9:THE COMPETENT AUTHORITY FOR LAND ACQUISITION-CUM-JOINT SECRETARY(REVENUE) DEPARTMENT KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU KARBI ANGLONG PIN-782460 10:TENSING RONGPI JOINT SECRETARY (REVENUE) DEPARTMENT KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU KARBI ANGLONG PIN-782460 11:THE PROJECT MANAGER PROJECT MONITORING UNIT-DIPHU NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD PWD (IB) PWD COLONY LUMDING ROAD

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DIPHU KARBI ANGLONG PIN-782460 12:THE ASSTT SETTLEMENT OFFICER PHULONI CIRCLE KAAC PHULONI DIST- KARBI ANGLONG PIN-782481 13:THE ASSISTANT REVENUE OFFICER KARBI ANGLONG AUTONOMOUS COUNCIL PHULONI DIST- KARBI ANGLONG PIN-782481 14:THE DEPUTY DIRECTOR(HILLS) PANCHAYAT AND RURAL DEVELOPMENT KARBI ANGLONG DIPHU-782460 15:AUGUSTINE HANSE LOT MANDAL PHULONI CIRCLE OFFICE PHULONI DIST- KARBI ANGLONG PIN-782481 16:JARI TERANG S/O- LT. SAR ET TERANG R/O- LUNSE RONGHANG ARONG

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LANGPARPAN P.O AND P.S- MANJA PIN-782482 DIST- KARBI ANGLONG 17:JENSING TERON S/O- LONGKI TERON R/O- ANGBONG TERON ARONG LANGPARPAN P.O ANDP.S- BAKALIA PIN-782482 DIST- KARBI ANGLONG 18:NOBIN RONGPI

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S/O- DALASING RONGPI R/O- MANAI RONGPI GAON

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LANGPARPAN P.O ANDP.S- BAKALIA PIN- 782482 DIST- KARBI ANGLONG 19:BOLON TERANG S/O- RAMSING TERANG R/O- LUNSE RONGHANG GAON

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LANGPARPAN P.O AND P.S- BAKALIA PIN-782482 DIST- KARBI ANGLONG 20:KANGBURA RONGHANG S/O- MENSING RONGHANG R/O- MANAI TERANG ARONG

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LANGPARPAN P.O AND P.S- BAKALIA PIN-782482 DIST- KARBI ANGLON

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Advocate for the Petitioner : MR B P BORAH

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Advocate for the Respondent : ASSTT.S.G.I.

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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10-03-2022

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Heard Mr. B. P. Borah, learned counsel for the petitioners and Mr. K. Gogoi, learned Central Government Counsel for the respondent No. 1. Also heard Mr. C. Baruah, learned Standing counsel, NHAI for the respondent Nos. 2 & 7; Mr. R. K.Talukdar, learned Standing counsel, NHIDCL for the respondent Nos. 3, 7 & 11, Ms. S. Sarma learned Government Advocate, Assam for the respondent Nos. 4 & 8 and Ms. S. Kemprai, learned Standing counsel, KAAC for the respondent Nos. 5, 6, 9, 12 & 14.

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It is submitted by the petitioners that 17 Bighas of land covered by Dag No. 75, Patta No. 14 of Village-No. 2 Langparpan, Mouza-Duardisha under Phuloni Revenue Circle in the district of Karbi Anglong was in the name of Smashan (cremation ground).

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By order dated 13.10.2020, said land has been settled in the name of Jari Terang, Jensing Teron, Nobin Rongpi, Bolon Terang and Kangbura Ronghang respondent Nos. 16, 17, 18, 19 & 20 respectively, converting the said 17 Bighas of Smashan land covered by Dag No. 75, Patta No. 14, noted above, in their favour.

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The said land has been notified for acquisition under the National Highways Act, 1956 for building (widening/two lane with paved shoulder/four laning etc.), maintenance, management and operation of NH29 in the stretch of land from Km 113+830 to Km 145+712 (Package-6) (Karbi Anglong Autonomous Council, Department of Revenue, Diphu) in the district of Karbi Anglong and for that purpose, the Ministry of Road Transport and Highways issued Notification vide No. S.O. 4853(E) dated 24.11.2021 indicating the said land of Dag No. 75, Patta No. 14 to be private residential land of Langparam.

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Petitioners contended that said 17 Bighas of Government land which was used for public purpose as Smashan had been settled illegally with the said respondent Nos. 16 to 20. In that regard, Mr. Baruah, learned Standing counsel, NHAI placed the communication No. DDPRD/DPU/2/13^th FC/Pt.II/2014-2015/213 dated 17.12.2014 of the Deputy Director (Hills), Panchayat and Rural Development, Diphu to show that an work order was issued in favour of one Sarmon Singnar to undertake the construction of boundary wall of cremation ground at Lunse Ronghang Sosanghat under Langsomepi ITDP (Integrated Tribal Development Project) (Ground No. 31) on the basis of Grant-in-aid fund from the Financial Assistance.

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Mr. Baruah, learned Standing counsel, NHAI further pointed out that the petitioner filed preliminary objection before the Joint Secretary, In-charge of land and Revenue Department as well as the competent authority of land acquisition relating to said land of Dag No. 75, Patta No. 14 which is used as Smashan and the concerned Lat Mandal after making necessary enquiry on 16.11.2021 submitted a detail report recommending the said land in favour of the Lunse Ronghang Village Development Committee (LRVDC), Langparpan and placed the same before the Assistant Revenue Officer, Phuloni Circle Officer, Phuloni KAAC, Diphu.

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In that regard, the said Assistant Revenue Officer, Phuloni Circle Officer, Phuloni KAAC, Diphu on 25.11.2021 also wrote to the Joint Secretary of the Revenue Department, KAAC furnishing the report

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submitted by the land revenue staff recommending to settle the said 17 Bighas of land covered by Dag No. 75, Patta No. 14 in favour of the Lunse Ronghang Village Development Committee cancelling the patta issued in favour of the respondent Nos. 16 to 20 vide patta No. 14.

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The petitioners are aggrieved as the CALA is contemplating to disburse the acquisition compensation for said 17 Bighas of land covered by Dag No. 75, Patta No. 14 with the respondent No. 6 who illegally obtained such patta in his favour.

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During the deliberation of the matter, Mr. Baruah, learned Standing counsel, NHAI as well as Mr. Talukdar, learned Standing counsel, NHIDCL and Ms. Kemprai have placed before the Court that as on date, only Section 3A Notification under the said 1956 Act has been issued and section 3D Notification as well as Section 3G Notification both under the said 1956 Act are yet to be issued for acquiring the said land, noted above.

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Moreover, Section 3G(5) of the said 1956 Act provides that-“ if the amount determined by the competent authority under sub-section (1) or sub-section (2) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government .”

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Further, Section 3H(4) of the said 1956 Act provides that- “if any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land is situated .”

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After hearing the learned counsels for the parties and considering the entire aspect of the matter, the Court is of the view that the petitioners may approach the concerned competent authority of land acquisition for redressal of their grievances, if any, after public notice issued under Section 3G of said 1956 Act for referring the matter under Section 3H(4) of the said 1956 Act.

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With the above observation and direction, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Jana Sing Ronghang and 4 Ors. v. the Union of India and 18 Ors.

Case brief

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Jana Sing Ronghang and 4 Ors. v. the Union of India and 18 Ors.

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