Disposed

Chandra Kanta Borsaikia and 20 Ors. v. the State of Assam and 3 Ors.

Gauhati HC7 Aug 2023WP(C)/1461/2023

Case brief

AI extract

What is this about?

Petitioners challenging non-payment of compensation for land allegedly acquired for a sports stadium complex. Court directed Deputy Commissioner to examine petitioners' individual representations and claims under the 2013 Act within six months.

What did the court decide?

Writ petition disposed of by directing Deputy Commissioner to examine petitioners' individual representations and claims within 04 weeks, with report due within 06 months.

Chandra Kanta Borsaikia and 20 Ors. Vs the State of Assam… — Land Acquisition | Gauhati HC (2023)

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GAHC010057742023

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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)/1461/2023

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CHANDRA KANTA BORSAIKIA AND 20 ORS. S/O- BISWANATH BORSAIKIA, R/O- VILL- CHENGELI PATHAR, JIADHAL CHARIALI, P.O. CHENGELI PATHAR, P.S. AND DIST.- DHEMAJI, PIN-787057, ASSAM

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2: DURNA KONWAR S/O- LATE SASHIDHAR KONWAR R/O- VILL- HATIGARH P.O. HATIGARH P.S. AND DIST.- DHEMAJI PIN- 787057 ASSAM

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3: NAREN GOGOI S/O- LATE LEKHAN GOGOI R/O- VILL- HATIGARH P.O. HATIGARH P.S. AND DIST.- DHEMAJI PIN- 787057 ASSAM

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4: RANJAN GOGOI S/O- LATE TULAN GOGOI R/O- VILL- HATIGARH P.O. HATIGARH P.S. AND DIST.- DHEMAJI PIN- 787057 ASSAM

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5: RANTU GOGOI S/O- LATE TULAN GOGOI R/O- VILL- HATIGARH P.O. HATIGARH P.S. AND DIST.- DHEMAJI

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PIN- 787057 ASSAM 6: KARUNA BORGOHAIN S/O- BULAN BORGOHAIN R/O- VILL- KACHAITING NO. 1 P.O. HATIGARH P.S. AND DIST.- DHEMAJI PIN- 787057 ASSAM 7: REKHAMONI BORGOHAIN W/O- GAGAN BORGOHAIN R/O- VILL- HATIGARH P.O. HATIGARH P.S. AND DIST.- DHEMAJI PIN- 787057 ASSAM 8: TARUN LECHUDHAR S/O- LATE LECHUDHAR BHARDHARA R/O- VILL- KACHAITING NO.2 P.O. KACHAITING P.S. AND DIST.- DHEMAJI PIN- 787057 ASSAM 9: DIPANKAR BORSAIKIA S/O- BISWANATH BORSAIKIA R/O- VILL- CHENGELIPATHER P.O. HATIGARH P.S. AND DIST.- DHEMAJI PIN- 787057 ASSAM 10: KHAGEN BORSAIKIA S/O- DHIREN BORSAIKIA R/O- VILL- HATIGARH P.O. HATIGARH P.S. AND DIST.- DHEMAJI PIN- 787057 ASSAM 11: SARBESWAR BARSAIKIA S/O- BISHTURAM BARSAIKIA R/O- VILL- HATIGARH P.O. HATIGARH P.S. AND DIST.- DHEMAJI

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PIN- 787057 ASSAM 12: SABITRI SONOWAL W/O- TITHESWAR SONOWAL R/O- VILL- CHENGELIPATHER P.S. AND DIST.- DHEMAJI PIN- 787057 ASSAM 13: SONATI SONOWAL D/O- MAHENDRA SONOWAL R/O- VILL- CHENGELIPATHER P.S. AND DIST.- DHEMAJI PIN- 787057 ASSAM 14: KUMUD BARSAIKIA S/O- HRIDAYANANDA BARSAIKIA R/O- VILL- HATIGARH DHUNAGURI P.O. HATIGARH P.S. AND DIST.- DHEMAJI PIN- 787057 ASSAM 15: SAILEN SONOWAL S/O- BHUBAN SONOWAL R/O- VILL- HATIGARH P.O. HATIGARH P.S. AND DIST.- DHEMAJI PIN- 787057 ASSAM 16: DEBA BARSAIKIA S/O- MOHAN BARSAIKIA R/O- VILL- HATIGARH P.O. HATIGARH P.S. AND DIST.- DHEMAJI PIN- 787057 ASSAM 17: TILENDRA BORSAIKIA S/O- TARASON BORSAIKIA R/O- VILL- HATIGARH DHUNAGURI P.O. HATIGARH P.S. AND DIST.- DHEMAJI PIN- 787057 ASSAM

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18: LOHIT GOGOI S/O- LATE LEKHAN GOGOI R/O- VILL- HATIGARH P.O. HATIGARH P.S. AND DIST.- DHEMAJI PIN- 787057 ASSAM 19: SHIBA BARSAIKIA S/O- DHIREN BARSAIKIA R/O- VILL- HATIGARH P.O. HATIGARH P.S. AND DIST.- DHEMAJI PIN- 787057 ASSAM 20: DIPALI GOGOI W/O- DEBAKANTA GOGOI R/O- VILL- HATIGARH P.O. HATIGARH P.S. AND DIST.- DHEMAJI PIN- 787057 ASSAM 21: KAMALPRABHA BARSAIKIA D/O- BHOGESWAR BARSAIKIA R/O- VILL- HATIGARH P.O. HATIGARH P.S. AND DIST.- DHEMAJI PIN- 787057 ASSA

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VERSUS

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THE STATE OF ASSAM AND 3 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPTT., DISPUR, GUWAHATI- 781006, KAMRUP (M), ASSAM

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2:THE DEPUTY COMMISSIONER DHEMAJI DISTRICT- DHEMAJI PIN- 787057 ASSAM 3:THE CHAIRMAN DISTRICT LAND ADVISORY COMMITTEE

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DHEMAJI THE OFFICE OF THE DEPUTY COMMISSIONER OFFICE DHEMAJI DISTRICT- DHEMAJI PIN- 787057 ASSAM 4:THE CIRCLE OFFICER DHEMAJI REVENUE CIRCLE DISTRICT DHEMAJI PIN- 787057 ASSA

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Advocate for the Petitioner : MR. N N B CHOUDHURY

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 07-08-2023

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07-08-2023

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Heard Mr. N.N.B. Choudhury, learned counsel for the writ petitioners. Also heard Ms. G. Hazarika, learned standing counsel, Revenue & DM Department, Assam appearing for the respondent No. 1 and Mr. S. Baruah, learned Govt. Advocate, Assam appearing for the respondent Nos. 2 to 4.

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The twenty-one writ petitioners in this petition claim to be the residents of Dhemaji district. As per the case projected in this writ petition, they were cultivating different plots of agricultural land under their possession so as to eke out a living. According to the petitioners the plots of land under occupation of the petitioners were acquired by the district administration for construction of Sports Stadium complex in the district of

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Dhemaji.

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Mr. Choudhury submits that even if the land was required for any public purpose, even then, the petitioners were entitled to fair compensation under the Right to Fair Compensation and Transparency in Land Acquisition Rules and Resettlement Act, 2013. But no such compensation has been paid to them nor have the petitioners be allotted any alternative plot of land.

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The learned counsel for the petitioners has submitted that the respondents are duty bound to pay fair compensation to the petitioners under the provisions of the Act of 2013 or to provide them alternative land in the vicinity, but the respondents have failed to take any such action in the matter, notwithstanding the representations submitted by the petitioners on several occasions including on 11-01-2023 and 07-02-2023. Mr. Choudhury has, therefore, prayed for a direction upon the respondents to redress the grievance of the petitioners.

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Ms. Hazarika, learned standing counsel, Revenue and DM Department, Assam, on the other hand, submits that if the petitioners are erosion affected persons, then they would be entitled to apply for allotment of land under the “Rehabilitation Policy for Erosion affected families of Assam, 2020”. Therefore, the grievance of the petitioners will be looked into if a proper application is filed. However, the learned departmental counsel has submitted that they do not have any instruction on the allegations made in the writ petition.

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If the land occupied by the petitioners have been acquired by the district

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administration for any public purpose then they may be entitled to fair compensation. This Court is, therefore, of the opinion that the Deputy Commissioner of the district must be directed to examine the claims of the petitioners on the basis of representations submitted by them and take appropriate steps as may be warranted under the law for redressal of the grievance of the petitioners.

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The learned departmental counsel have also agreed to such a recourse.

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In view of the above, this writ petition stands disposed of by granting 04 weeks time to the petitioners to submits fresh representations before the respondent No. 2, i.e. the Deputy Commissioner, Dhemaji along with supporting documents, establishing their claim over the land.

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If such individual representations are filed within 04 weeks from today by enclosing a certified copy of this order, the matter be examined and the respondent No. 2 may take appropriate measures, as may be warranted under the law, for redressal of the grievance of the petitioners.

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The aforesaid exercise be carried out and completed as expeditiously as possible, but not later than 06 months from the date of receipt of individual representations of the petitioners, in terms of the order passed by this Court.

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

JUDGE

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Comparing Assistant

Chandra Kanta Borsaikia and 20 Ors. v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Chandra Kanta Borsaikia and 20 Ors. v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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