Allowed

Wahedul Islam and 11 Ors. v. the State of Assam and Anr.

Gauhati HC9 Feb 2022WP(C)/3265/2020

Case brief

AI extract

What is this about?

The High Court allowed a writ petition challenging the rejection of an application for fixation of fair compensation by the Deputy Commissioner. The court directed the Deputy Collector to refer the matter to the District Judge for determining just and fair compensation within 15 days, applicable under the 2013 Land Acquisition Act.

What did the court decide?

Respondent No. 2 directed to refer the disagreement regarding compensation to the District Judge, Dhubri for determination within 15 days.

Wahedul Islam and 11 Ors. Vs the State of Assam and Anr. — Land Acquisition | Gauhati HC (2022)

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GAHC010108662020

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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)/3265/2020

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WAHEDUL ISLAM AND 11 ORS.

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S/O. OLAYED MIAH, R/O. VILL. JHAGRARPAR PART-I, P.O. JHAGRARPAR, P.S. AND DIST. DHUBRI, ASSAM, PIN-783325.

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2: LALCHAND HOQUE S/O. LT. HABEZ UDDIN R/O. VILL. JHAGRARPAR PART-I P.O. JHAGRARPAR P.S. AND DIST. DHUBRI ASSAM PIN-783325.

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3: AMIRUL HOQUE MONDAL @ AMIRUL HOQUE S/O. LT. UMAR ALI MONDAL R/O. VILL. JHAGRARPAR PART-I P.O. JHAGRARPAR P.S. AND DIST. DHUBRI ASSAM PIN-783325.

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4: MOKSHED ALI PRADHANI S/O. LT. JAMIR UDDIN PRADHANI R/O. VILL. JHAGRARPAR PART-I P.O. JHAGRARPAR P.S. AND DIST. DHUBRI ASSAM PIN-783325.

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5: UMAR ALI MANDAL S/O. KHAJMATULLA MONDAL R/O. VILL. JHAGRARPAR PART-I P.O. JHAGRARPAR P.S. AND DIST. DHUBRI ASSAM

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PIN-783325.

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6: MOKSUD ALOM S/O. ASMOT ALI MIAH R/O. VILL. JHAGRARPAR PART-I P.O. JHAGRARPAR P.S. AND DIST. DHUBRI ASSAM PIN-783325.

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7: SHAMSUDDIN AHMED S/O. LT. SAHABUDDIN AHMED R/O. VILL. JHAGRARPAR PART-I P.O. JHAGRARPAR P.S. AND DIST. DHUBRI ASSAM PIN-783325.

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8: IMDADUL AHMED S/O. LT. SAHABUDDIN AHMED R/O. VILL. JHAGRARPAR PART-I P.O. JHAGRARPAR P.S. AND DIST. DHUBRI ASSAM PIN-783325.

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9: SHAHJAHAN ALI S/O. LT. HAZRAT ALI R/O. VILL. JHAGRARPAR PART-I P.O. JHAGRARPAR P.S. AND DIST. DHUBRI ASSAM PIN-783325.

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10: ABDUR RAHIM S/O. LT. HAZARAT ALI R/O. VILL. JHAGRARPAR PART-I P.O. JHAGRARPAR P.S. AND DIST. DHUBRI ASSAM PIN-783325.

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11: ABUL HUSSAIN S/O. LT. JABED ALI FAKIR R/O. VILL. JHAGRARPAR PART-I P.O. JHAGRARPAR P.S. AND DIST. DHUBRI ASSAM

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PIN-783325.

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12: SHAJAHAN ALI S/O. LT. TAHAZ UDDIN BEPARI R/O. BAHADURTARI WARD NO.11 P.S. DHUBRI DIST. DHUBRI ASSAM. PIN-783301

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VERSUS

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THE STATE OF ASSAM AND ANR. REP. BY ITS COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPTT., DISPUR, GUWAHATI-06.

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2:DY. COMMISSIONER CUM COLLECTOR

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DHUBRI DIST. DHUBRI ASSAM PIN-783301

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Advocate for the Petitioner : MR. T J MAHANTA

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 09-02-2022

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Heard Mr. TJ Mahanta, learned senior counsel for the petitioner assisted by Mr. PB Dutta and Mr. PS Deka, learned Standing counsel appearing for respondent No.1, Revenue Department. Also heard Ms. S Sharma, learned counsel for respondent No.2.

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The instant writ petition has been filed challenging the order dated 12.02.2020 whereby the respondent No.2 vide an order rejected the application filed by one Shri Imdadul Ahmed and 32 others requesting for fixation of fair compensation in respect to the land

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acquired for construction of Cancer Hospital in village Jhagra Part-I and Part-III under Land Acquisition Case No.MO.1/2018-2019.

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Admittedly, the instant acquisition proceeding was initiated on the basis of the provisions of the Assam Land (Requisition and Acquisition) Act, 1964 and in terms thereof an award was passed under Section 11. Thereupon, when an application is filed by a person aggrieved on the ground of disagreement with the compensation payable under Sub-Section (4) of Section 11, it is the duty of the Collector who is the respondent No.2 in the instant case to make a reference to the Court and this aspect of the matter would be apparent from a perusal of section 12(i)(b) of the Assam Land (Requisition and Acquisition) Act, 1964.

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Further to that, it also shows that a perusal of Sub-Section (2) of Section 12 stipulates that the provisions of the Land Acquisition Act, 1894 shall mutatis mutandis apply in respect of any reference made to the Court under Sub-Section (1) of the said act meaning thereby, that the said application which have been filed by the person aggrieved/interested would be dealt with in the manner provided under the said Act of 1894.

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In that view of the mater, the order dated 12.02.2020 by which the respondent No.2 has rejected the said application instead of referring to the Reference Court is interfered with, with a direction is given to the Deputy Commissioner who is also the Collector of the said District to refer the disagreement as regards the compensation paid in terms with Section 11(4) of the Act of 1964 to the Court of the District Judge, Dhubri for determination of the just and fair compensation within a period of 15 days from the date a certified copy of this order is served upon him. It is, however, made clear that as the land acquisition case

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pertains to the year 2018-2019, the compensation has to be determined in terms with the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

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With the above observations, the instant writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Wahedul Islam and 11 Ors. v. the State of Assam and Anr.

Case brief

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Wahedul Islam and 11 Ors. v. the State of Assam and Anr.

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