Disposed

Ratan Agarwalla and 2 Ors. v. the State of Assam and 7 Ors.

Gauhati HC4 Apr 2022WP(C)/221/2016

Case brief

AI extract

What is this about?

Petitioners and private respondents, claiming interest in Maskara Tea Estate land acquired for NH-37 widening, sought compensation before the Deputy Commissioner was ignored. The Court directed all interested parties to submit representations detailing their interest to the Competent Authority. Compensation discharge is stayed until entitlement is determined per the National Highways Act, 1956.

What did the court decide?

Direction to all interested parties to submit representations before the Competent Authority of Land Acquisition claiming interest in the acquired land.

Ratan Agarwalla and 2 Ors. Vs the State of Assam and 7 Ors. — Land Acquisition | Gauhati HC (2022)

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Page No.# 1/5

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GAHC010006292016

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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)/221/2016

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RATAN AGARWALLA and 2 ORS S/O- LT. NATHMAL AGARWALLA.

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2: SAWARMAL AGARWALLA S/O- LT. NATHMAL AGARWALLA.

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3: ANAND AGARWALLA S/O- LT. NATHMAL AGARWALLA ALL ARE PERMANENT R/O- NO. 1 KATHAIKHUNDA GAON SAPEKHATI P.O.- SAPEKHATI DIST.- SIVASAGAR ASSAM PIN- 785692

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VERSUS

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THE STATE OF ASSAM AND 7 ORS REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM, REVENUE DEPTT., DISPUR, GHY- 6.

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2:THE DY. COMMISSIONER DIST.- SIVASAGAR ASSAM PIN- 785640.

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3:THE NATIONAL HIGHWAY AUTHORITY OF INDIA G 5 and 6 SECTOR 10 DWARKA NEW DELHI PIN- 110075.

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4:THE PROJECT DIRECTOR

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NATIONAL HIGHWAY AUTHORITY OF INDIA SIVASAGAR NH 37 FOUR LANE JORHAT- DEMOW PROJECT SIVASAGAR PIN- 785662. 5:DURGA PRASAD MASKARA S/O- LT. BABULAL AGARWALLA. 6:DINESH MASKARA S/O- SRI DURGA PRASAD MASKARA 7:PRADIP MASKARA S/O- SRI DURGA PRASAD MASKARA

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8:PAWAN MASKARA S/O- SRI DURGA PRASAD MASKARA THE RESPONDENTS NO. 5 TO 8 ARE R/O- SIMALUGURI P.O.- SIMALUGURI SIVASAGAR ASSAM PIN- 785686

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Advocate for the Petitioner : MR.R DE

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Advocate for the Respondent : SC, NHAI

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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04-04-2022

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Heard Mr. R. De, learned counsel for the petitioners and Ms. N. Bordoloi, learned Standing counsel, Revenue Department for the respondent No. 1. Also heard Mr. K. Goswami, learned Additional Senior Government Advocate, Assam for the respondent No. 2, Ms. R. B. Borah learned Standing counsel, National Highway Authority of India (NHAI) for the respondent Nos. 3 & 4 and Mr. P. Kataky, learned counsel for the private respondent Nos. 5 to 8.

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2) The three petitioners and the four private respondent Nos. 5 to 8 are claiming to be the persons interested and having right of enjoyment in the land of M/s Maskara Tea Estate situated at Dimow Revenue Circle of Sivasagar district.

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3) For widening the National Highway No. 37 to four lane and etc. of Dimow Revenue Circle in the district of Sivasagar different parcels of land including land measuring (A) (i) 4 Kathas under Dag No. 107 of Patta No.3, (ii) 1 Bigha 4 Kathas 6 Lechas under Dag No. 108 of Patta No.3, (iii) 3 Kathas 2 Lechas under Dag No. 115 of Patta No. 3, (iv) 1 Katha 17 Lechas under Dag No. 112 of Patta No. 14, (v) 1 Katha 6 Lechas under Dag No. 113 of Patta No. 14, (vi) 1 Bigha 1 Katha 5 Lechas under Dag No. 114 of Patta No. 14, all of Ekrani Borhola Village, (B) (i) 7 Bighas 1 Katha 3 Lechas under Dag No. 381 of Patta No. 2 of F. C. Kaliapani Grant Village (C) (i) 1 Katha 13 Lechas under Dag No. 39 of Patta No. 1 and (ii) 2 Bighas 3 Kathas 16 Lechas under Dag No. 38 of Patta No. 4, both of Nahoroni Habi village, of said Maskara Tea Estate have been acquired by the respondent authorities under the provisions of the National Highways Act, 1956 and possession of those parcels of land have already been handed over to the NHAI for the said purpose.

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4) Though the Competent Authority of Land Acquisition (CALA, in short) under the National Highways Act, 1956 (hereinafter referred to as said 1956 Act) has determined the acquisition compensation of said land including jirat etc. under Section 3G(5) of said 1956 Act and the NHAI had already deposited the land acquisition compensation amount so determined by the CALA with him, but the petitioners and the private respondent Nos. 5 to 8 are claiming acquisition compensation for the said acquired land of Maskara Tea Estate.

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5) The petitioner No.2 on his behalf and on behalf of the petitioner Nos. 1 and 3 submitted an application before the Deputy Commissioner, Sivasagar on 08.02.2013 stating their claims for acquisition compensation of acquired land of said Maskara Tea Estate and also prayed before him not to make any payment towards acquisition compensation for the acquired land of said Tea Estate, without giving them an opportunity of hearing.

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6) Since their said representation dated 08.02.2013 was not disposed of, the petitioners have preferred this petition prayed for a direction to the respondents to dispose of their said representation dated 08.02.2013 submitted before the Deputy Commissioner, Sivasagar giving them an opportunity of hearing prior to release of acquisition compensation in respect of said Maskara Tea Estate.

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7) Section 3G of the National Highways Act, 1956 relates to ‘Determination of amount payable as compensation’ and Section 3H of the said 1956 Act relates to ‘Deposit and payment of amount’.

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8) Sub-Sections (3) and (4) of Section 3H of the National Highways Act, 1956, stipulate as follows:

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3H. Deposit and payment of amount . –

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(3) Where several persons claim to be interested in the amount deposited under subsection (1), the competent authority shall determine the persons who in its opinion are entitled to receive the amount payable to each of them.

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(4) 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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9) It is seen that the Competent Authority of Land Acquisition of the 1956 Act, relating to acquisition of land for widening the National Highway No. 37 to four lane and etc. of Dimow Revenue Circle of Sivasagar district, namely, the Additional Deputy Commissioner, Sivasagar has already issued public notice to the persons interested under Section 3H of the said 1956 Act, informing them that the authorities in the National Highways have already deposited the compensation amount as determined and directed the concerned persons interested to submit their relevant documents in that regard.

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10) After hearing the learned counsels for the parties and considering the entire aspect of the matter, this writ petition is disposed of directing the petitioners as well as the respondent Nos. 5 to 8 to submit their representation(s) forthwith before the concerned Competent Authority of Land Acquisition, Sivasagar under the provisions of the National Highways Act, 1956 relating to acquisition of land for widening the NH-37 at Dimow Revenue Circle of Sivasagar District along with the certified copy of this order and copy of this writ petition including the annexures appended thereto, stating the nature of their respective interest in the acquired land of said Maskara Tea Estate, acquired under the provisions of said 1956 Act obtaining necessary acknowledgment from the said authority in that regard.

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11) In the event of filing such representation by the petitioners and the private respondent Nos. 5 to 8, as directed above, the concerned Competent Authority of Land Acquisition, following the provisions of Sub-Sections (3) and (4) of Section 3H of the National Highways Act, 1956, after hearing the petitioners, the private respondent Nos. 5 to 8 and others having interest in the acquired land of said Maskara Tea Estate, shall do the needful relating to disbursement of such compensation amount with regard to acquisition of land of said Maskara Tea Estate under the provisions of said 1956 Act, only after determining the person interested, who is actually entitled to receive such compensation amount and the part/share of such compensation with regard to acquisition of land of said Maskara Tea Estate for the said purpose, in accordance with law.

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12) Further, till such determination, the concerned Competent Authority of Land Acquisition, noted above, shall not release any compensation amount relating to acquisition of land of said

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Maskara Tea Estate under Dimow Revenue Circle of Sivasagar District, acquired under the provisions of said 1956 Act.

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13) The interim order passed earlier on 22.01.2016 in this proceeding, stands merged with this order.

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

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JUDGE

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Comparing Assistant

Ratan Agarwalla and 2 Ors. v. the State of Assam and 7 Ors.

Case brief

What is this about?

What did the court decide?

Ratan Agarwalla and 2 Ors. v. the State of Assam and 7 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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