Petitioners claiming enhanced compensation under an 1983 Award sought return of acquired land and employment. Court found compensation was paid and affirmed acquisition prevents restoration of land.
Petition dismissed; no compensation additional to what was paid; land cannot be returned as acquired property vests with State.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/35
GAHC010258942017
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : W.P.(C) No. 6299/2017
S/o- Late Girish Chandra Das,
Village - Islampara,
P.O. - Jogighopa, District -Bongaigaon, Assam
2. Uttam Ray
S/o – Sarbeswar Das Village – Koreya Pahar P.O. – Jogighopa,
District – Bongaigaon, Assam.
District – Bongaigaon, Assam.
4. Monir Uddin
S/o Late Gorajuddin,
Village – Bhatipara, P.O. Jogighopa,
Page No.# 2/35
District – Bongaigaon, Assam.
S/o Late Soleman Sheikh, P.O. Jogighopa, District – Bongaigaon, Assam.
D/o Guljan Nessa Bibi, Village – Koreya Pahar, P.O. Jogighopa, District – Bongaigaon, Assam.
S/o Ful Mamud Sheikh, Village – Kabaitari, P.O. Jogighopa, District – Bongaigaon, Assam.
Page No.# 3/35
S/o Late Keramod Ali,
Page No.# 4/35
Village – Bhatipara, P.O. Jogighopa, District – Bongaigaon, Assam.
S/o Late Kamal Uddin, Village – Bhatipara, P.O. Jogighopa,
District – Bongaigaon, Assam.
Page No.# 5/35
P.O. Jogighopa,
District – Bongaigaon, Assam.
District – Bongaigaon, Assam.
District – Bongaigaon, Assam.
Village – Tengnamari, P.O. Jogighopa,
District – Bongaigaon, Assam.
W/o Jamir Uddin,
Village – Bhatipara, P.O. Jogighopa,
District – Bongaigaon, Assam.
S/o Maizuddin Sheikh, Village – Islampara, P.O. Jogighopa,
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District – Bongaigaon, Assam.
District – Bongaigaon, Assam.
S/o Late Hesab Uddin,
Village – Bhatipara,
P.O. Jogighopa,
District – Bongaigaon, Assam.
S/o Late Abdul Halim,
P.O. Jogighopa,
District – Bongaigaon, Assam.
S/o Jolai Mamud,
Village – Koreya Pahar, P.O. Jogighopa,
District – Bongaigaon, Assam.
Page No.# 7/35
Village – Bhatipara, P.O. Jogighopa, District – Bongaigaon, Assam.
Village – Bhatipara, P.O. Jogighopa, District – Bongaigaon, Assam.
S/o Late Atul Chandra Singha,
Page No.# 8/35
Village – Jogighopa, P.O. Jogighopa, District – Bongaigaon, Assam.
………………Petitioners
Represented by the Ministry of Revenue Department,
Page No.# 9/35
New Delhi-1.
2. The Secretary
to the Government of India, Railway Department, New Delhi-1.
N.F. Railway, Maligaon, Guwahati, Assam.
4. The Secretary
to the Government of India,
Finance Department,
New Delhi-1.
5. The Secretary
to the Government of India,
C.W.T. Department, New Delhi-1.
Represented by the Chief Secretary
To The Government of Assam,
Dispur, Guwahati-6.
Finance Department,
Government of Assam, Dispur, Guwahati-6.
to the Government of Assam,
Page No.# 10/35
I.W.T. Department, Dispur, Guwahati-6.
Page No.# 11/35
Parliament Street, New Delhi-110001.
to the Government of Assam
in the Revenue and Disaster Management Department
……………….Respondents
Advocates :
Petitioners
Mr. A. Wahab, Advocate
Respondent nos. 2 & 3
Mr. G. Goswami, learned Retainer Counsel, N.F. Railway
Respondent nos. 6, 10, 11, 12 & 13
Ms. N. Goswami, learned Junior Government Advocate, Assam
Respondent no. 18
Mr. P.R. Mahanta, learned Standing Counsel, Revenue Department
Respondent nos. 14 & 15
Mr. S.C. Keyal, learned Standing Counsel, Inland Waterways Authority of India
Respondent nos. 16 & 17
Mr. C. Baruah, Advocate, National Highways and Infrastructure Development Corporation Limited
Date of Hearing and Judgment & Order : 02.03.2023
Page No.# 12/35
BEFORE
HON’BLE MR. JUSTICE MANISH CHOUDHURY JUDGMENT
Heard Mr. A. Wahab, learned counsel for the petitioners. Also heard Mr. G. Goswami, learned Retainer Counsel, N.F. Railway for the respondent nos. 2 & 3; Ms. N. Goswami, learned Junior Government Advocate, Assam for the respondent nos. 6, 10, 11, 12 & 13; Mr. P.R. Mahanta, learned Standing Counsel, Revenue Department for the respondent no. 18; Mr. S.C. Keyal, learned Standing Counsel, Inland Waterways Authority of India for the respondent nos. 14 & 15; and Mr. C. Baruah, learned counsel for the respondent National Highways and Infrastructure Development Corporation Limited [NHIDCL] authorities for the respondent nos. 16 & 17.
Page No.# 13/35
services essential to the life of the community, that Government may by order in writing requisition any immovable property and may make such further orders as appear to that Government to be necessary or expedient in connection with the requisitioning, provided that no property or part thereof which is exclusively used by the public for religious worship shall be requisitioned. Section 29 [2] of the Defence of India Act, 1962 has mentioned that the requisition shall be effected by an order in writing addressed to the person deemed by the Central Government or the State Government, as the case may be, to be the owner or person in possession of the property, and such order shall be served in the prescribed manner on the person to whom it is addressed.
Page No.# 14/35
empowered in that behalf by the Central Government or the State Government, as the case may be. Section 36 of the Defence of India Act, 1962 has provided for the mode and manner of acquisition of requisitioned property. Section 37 [1] of the Defence of India Act, 1962 has provided for compensation for acquisition of requisitioned property amount and the mode of determination of compensation. Section 37[2] of the Defence of India Act, 1962 has provided that where any person interested is aggrieved by the amount of compensation determined in accordance with sub-section [1] of Section 37, he may make an application within the prescribed time to the Central Government or the State Government, as the case may be, for referring the matter to an Arbitrator appointed in that behalf by the Central Government or the State Government, and the amount of compensation to be paid shall be such as may be determined by the Arbitrator in accordance with sub-section [1] of Section 37.
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Goalpara authorized the Sub-Deputy Collector [SDC], Land Acquisition, Goalpara to take over the parcels of land mentioned therein on 08.04.1966 and hand over the same to the Executive Engineer, Jogighopa Port Construction Division, Abhayapuri on 08.04.1966. Included amongst the parcels of land so requisitioned, were parcels of land measuring 154 Bighas, 4 Kathas and 8 Lessas [154B-04K-08L], more or less, located in Village – Joghighopa and Bhatipara, more fully described in the notice dated 30.03.1996. The subjectmatter of this writ petition is relatable to those parcels of land measuring 154B04K-08L.
Page No.# 16/35
the procedure laid down therein. Section 8 of the Act, 1952 has set forth the principles and method of determining compensation in case of properties requisitioned or acquired. Section 8[1] of the Act, 1952 has inter alia provided that where any property is requisitioned or acquired under the 1952 Act, there shall be paid compensation the amount of which shall be determined in the manner and in accordance with the principles set forth therein, that is, to say inter alia [a] where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement; and [b] where no such agreement can be reached, the Central Government shall appoint as Arbitrator a person who has the qualification provided therein. As per Section 8[1][d], the Government and the person to be compensated shall, at the commencement of the proceedings before the Arbitrator, state what in their respective opinion is a fair amount of compensation. The Arbitrator so appointed, shall under Section 8[1][e], after hearing the dispute, make an Award determining the amount of compensation which appears to him to be just and specifying the person or persons to whom such compensation shall be paid; and in making the Award, he shall have regard to the circumstances of each case. Sub-section [3] of Section 8 has prescribed that the compensation payable for the acquisition of any property under Section 7 shall be the price which the requisitioned property would have fetched in the open market, if it had remained in the same condition as it was at the time of requisitioning and sold on the date of acquisition. According to Section 9 of the Act, 1952, the amount of compensation payable under an Award shall be paid by the Competent Authority to the person or persons entitled thereto as specified in the award.
Page No.# 17/35
Acquisition of Immovable Property Act, 1952. For ready reference, Section 25 inserted by the Requisitioning and Acquisition of Immovable Property [Amendment] Act, 1968 is quoted herein below :
Provided that -
[a] all determinations, agreements and awards for the payment of compensation in respect of any such property for any period of requisition before the said date and in force immediately before the said date, shall continue to be in force and shall apply to the payment of compensation in respect of that property for any period of requisition as from the said date;
[b] anything done or any action taken [including any orders, notifications or rules made or issued] by the Central Government or by any officer or authority to whom powers in this behalf have been delegated by that Government, in exercise of the powers conferred by or under Chapter VI of the Defence of India Act, 1962, shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this section was in force on the date on which such thing was done or action was taken.
[2] Save as otherwise provided in sub-section [1], the provisions of the Defence of India Act, 1962, and the rules made thereunder, in so far as those provisions relate to the requisitioning of any such immovable property as is referred to in sub-section [1], shall
Page No.# 18/35
as from the 10th January, 1968, cease to operate except as respects things done or omitted to be done before such cesser and Section 6 of the General Clauses Act, 1897, shall apply upon such cesser of operation as if such cesser were a repeal of an enactment by a Central Act.
8.1. As per the newly inserted Section 25, Requisitioning and Acquisition of Immovable Property [Amendment] Act, 1968 which is with a non-obstante clause, any immovable property requisitioned by the Central Government or by any officer or authority to whom powers in its behalf have been delegated by the Government, under the Defence of India Act, 1962 and the rules made thereunder [including any immovable property deemed to have been requisitioned under the Defence of India Act, 1962] which has not been released from such requisition before the date 10.01.1968, shall, as from that date, be deemed to have been requisitioned by the Competent Authority under the provisions of the Requisitioning and Acquisition of Immovable Property Act, 1952 for the purpose for which such property was held immediately before the date, 10.01.1968 and all the provisions of the Act, 1952 shall apply accordingly. The proviso [a] to Section 25 of the Requisitioning and Acquisition of Immovable Property [Amendment] Act, 1968 has provided that all determinations, agreements and awards for the payment of compensation in respect of any such property for any period of requisition before the said date [10.01.1968] and in force immediately before the said date [10.01.1968], shall continue to be in force and shall apply to the payment of compensation in respect of those properties for any period of requisition as from the said date. Sub-section [2] of Section 25 has provided that save as otherwise provided in sub-section [1] of the Section 25, the provisions of the Defence of India Act, 1962 and all rules made thereunder, shall cease to operate, subject to conditions mentioned therein. Thus, in essence, the provisions of the Defence of India, 1962 in so far
Page No.# 19/35
as the requisition/acquisition of parcels of land measuring 154B-04K-08L, more or less, are concerned, the same ceased to operate with the coming into force of newly inserted Section 25 in the Requisitioning and Acquisition of Immovable Property Act, 1952 by the Requisitioning and Acquisition of Immovable Property [Amendment] Act, 1968.
Page No.# 20/35
arbitrate in the matter of amounts of compensation payable to the pattadars whose lands were acquired in the course of proceedings of L.A. Case no. 26/6566. The learned District Judge, Goalpara at Dhubri considered a total of 47 nos. of applications [Misc. [LA] Case No. 36/1971, Misc. [LA] Case No. 37/1971, Misc. [LA] Case No. 38/1971, Misc. [LA] Case No. 39/1971, Misc. [LA] Case No. 40/1971, Misc. [LA] Case No. 41/1971, Misc. [LA] Case No. 42/1971, Misc. [LA] Case No. 43/1971, Misc. [LA] Case No. 44/1971, Misc. [LA] Case No. 45/1971, Misc. [LA] Case No. 46/1971, Misc. [LA] Case No. 48/1971, Misc. [LA] Case No. 49/1971, Misc. [LA] Case No. 50/1971, Misc. [LA] Case No. 57/1971, Misc. [LA] Case No. 51/1971, Misc. [LA] Case No. 52/1971, Misc. [LA] Case No. 54/1971, Misc. [LA] Case No. 55/1971, Misc. [LA] Case No. 56/1971, Misc. [LA] Case No. 61/1971, Misc. [LA] Case No. 62/1971, Misc. [LA] Case No. 63/1971, Misc. [LA] Case No. 64/1971, Misc. [LA] Case No. 65/1971, Misc. [LA] Case No. 66/1971, Misc. [LA] Case No. 67/1971, Misc. [LA] Case No. 68/1971, Misc. [LA] Case No. 69/1971, Misc. [LA] Case No. 70/1971, Misc. [LA] Case No. 71/1971, Misc. [LA] Case No. 72/1971, Misc. [LA] Case No. 73/1971, Misc. [LA] Case No. 74/1971, Misc. [LA] Case No. 75/1971, Misc. [LA] Case No. 76/1971, Misc. [LA] Case No. 77/1971, Misc. [LA] Case No. 78/1971, Misc. [LA] Case No. 80/1971, Misc. [LA] Case No. 82/1971, Misc. [LA] Case No. 83/1971, Misc. [LA] Case No. 47/1971] preferred for enhanced compensation amounts together by registering one case as Misc [Arb] Case no. 4 of 1978. The details of the Misc [L/A] applications would be adverted to in the later part of this order.
Page No.# 21/35
1. Whether the acquired lands have been properly classified and valued ?
2. Whether the lands have been valued without reference to sale deeds or other evidences adduced before the Collector ?
3. What is the proper value of the land acquired ?
4. To what relief, if any, are the petitioners entitled ?
Page No.# 22/35
Page No.# 23/35
Circle, Boitamari, the petitioners or the predecessors-in-interest of the petitioners continued to approach the respondent authorities for disbursal of the enhanced compensation amounts from time to time. When no discernible steps were found to have been taken by the respondent authorities to disburse the enhanced compensation amounts awarded by the Award dated 11.03.1983, the petitioners have stated that they had to approach this Court by the instant writ petition seeking the following reliefs :-
Page No.# 24/35
party-respondent no. 16 and the party-respondent no. 17 came to be impleaded pursuant to an order dated 01.10.2021 passed in an interlocutory application, I.A.[Civil] no. 554/2021.
Page No.# 25/35
of land were acquired vide L.A. Case no. 26/1965-1966. In developing the connectivity between the MMLP and the IWT, the existing connectivity of the IWT from the National Highway no. 17, which is presently an intermediate lane, is being developed to a 4-lane facility and a new connectivity is being developed from the IWT to the National Highway no. 17 to the MMLP. A part of the land falling in the alignment of this connectivity are the plots of land for which the compensation amounts had already been determined by the Award dated 11.03.1983. As per the revenue records, the land parcels have been invested in the name of Inland Port. The work for the development of MMLP could not progress in the desired manner as few parcels of land, vested in the name of Inland Port of the IWT, after acquisition, which fall on the way of the proposed external road connectivity, are under encroachment.
Page No.# 26/35
pursuing the litigation as the acquiring authority, the IWAI as the beneficiary needed to ensure that the process of acquisition was completed. It was further observed that no development had taken place for resolving the litigation and as a result, the execution of the work regarding connectivity got delayed with stiff opposition being encountered from the residents of these parcels of land.
Page No.# 27/35
persons interested on one hand and the respondent authorities on the other hand and after process of negotiation, a lump-sum amount for each of the persons interested was arrived at and the Deputy Commissioner, Bongaigaon had thereafter, by a letter dated 14.07.2021, forwarded the list of beneficiaries with their details including their bank details and the amounts arrived at after negotiation, to the Principal Secretary to the Government of Assam, Industries & Commerce.
| Sl. No. of LA Case |
Petitioner of LA Case |
Misc. (LA) Case No. |
Petitioner in W.P. (C) No. 6299/2017 |
Sl No Beneficiary Name of Pattadar (Cheque issued |
Land Compensatio n in Rs |
Cheque & Date |
|---|---|---|---|---|---|---|
| 1 | Sri Girish Das | 36/1971 | Mun Das S/o Girish Ch. Das, |
1 Bablu Das, Patta Dar- Girish Ch Das , S/o Tarapada Das |
441000 | Cheque No-198301 |
| PO Jogighopa | n/o Mun Das |
Dt 5/8/21 | ||||
| 2. | Sarbeswari Das | 37/1971 | Uttam Roy, S/O Sarbeswar Das, |
2 Nilima Das, Pattadar-Sarbeswar Das |
99000 | Cheque No-198302 |
| PO Jogighopa | W/o Uttam Roy/Uttam Das | Dt 5/8/21 | ||||
| 3. | DhanajayRoy | 38/1971 | Munjuwala Roy, D/o Dhananjay Roy, Vill Diohat Ward No3 |
3 Minati Roy, Pattadar-Dhanajay Roy, S/o Gurudas Roy sister of |
211500 | Cheque No-198303 |
| , . PO Abhayapuri |
Manjubala Roy |
Dt 5/8/21 | ||||
| 4. | Hersaruddin | 39/1971 | Moniruddin, S/o Late | 4 i) Hesaruddin Sohrab Ali |
315900 | Cheque |
Page No.# 28/35
| S/o Forijuddin S/o Abdul Alam | No-659596 Dt 7/8/21 |
|||||
|---|---|---|---|---|---|---|
| Forjuddin, Vill Bhatipara | Cheque | |||||
| ii) Hesabuddin S/o Fojaruddin |
624600 | No-413358 Dt 7/8/21 |
||||
| 5. | Heirs of Late Giasuddin |
40/1971 | Mohibul Hussain, S/o Giasuddin, Vill Bhatipara |
5 Mohibul Hussain, Pattadar-Giasuddin |
126900 | Cheque No-198305 |
P.O. Jogighopa |
S/o Asaruddin | Dt 5/8/21 | ||||
| 6. | Abdul Mojid Sk | 41/1971 | Abdul Hoque, S/o Abdul Mazid Saikh |
6 Jairul Hoque, Pattadar-Abdul Mozid Shaikh, S/o Lajman Saikh B/o Abdul Hoque |
192600 | Cheque No-198306 Dt 5/8/21 |
| 7. | Heirs of Late NafizBewa |
42/1971 | Rasidul Islam, S/o Late Soleman Saikh Vill- Joihoa |
7 Jiyaruddin Ahmed, Pattadar-Nazifa Bewa, W/o Sonamullah , |
95400 | Ch No. 198307 Dt 5821 |
| ggp | B/o Rasidul Islam | . .. | ||||
| 8. | Goljam Nessa Bibi |
43/1971 | Sukuran Bewa. W/o Guljan Nesa Bibi, Vill Koreyapahar, PO |
8 Sobur Ali, Pattadar Gulzan Nessa Bibi W/o Aschiruddin , Sunuran Bewa |
242100 | Cheque No-198308 Dt 5/8/21 |
| Jogighopa | D/o Gulzan | |||||
S/o Sukuran Bewa |
||||||
| 9. | Phul Mamud Sk | 44/1971 | Nurjahan, W/o Fulmamud Shaikh, Vill Kabaitari, |
9 i) Nur Akhtar Hussain, Pattadar-Falmamud Shaikh S/o Nur Akhtar S/o Nurjahan |
135000 | Cheque No-198310 |
PO -Jogighopa |
ii) NurJahan is the D/o Fulmamud Shaikh |
Dt 5/8/21 | ||||
| 10. | Satish Chandra Chakraborty & |
45/1971 | Dilip Kumar Chakraborty, S/o Satish Ch Chakraborty, |
10 Dilip Kumar Chakraborty, Pattadar Satish Ch Chakraborty, |
33030 | Cheque No-297121 |
| 4 Ors | Vill -Bhatipara | S h Chkb |
Dt 5/8/21 | |||
| PO Jogighopa | /o Umanat araorty | |||||
| Naresh |
Jyotirmoy Chakraborty, S/o Late Nareswar |
i) Nity Chakraborty, Pattadar-Naresh Ch Chakraborty , |
Cheque |
|||
| 11. | Chandra | 46/1971 | Chakraborty, | 11 S/o Umanath |
54000 | No-297122 |
| Chakraborty | Vill Boitamari | ii)Jyotirmay Chakraborty , Niti | Dt 5/8/21 | |||
| PO Maligaon | Chakraborty |
|||||
| B/o Naresh Chkraborty | ||||||
| 13. | Heirs of Late Faharu Ram |
48/1971 | Sharjani Roy, W/O -Nagendra Roy, villI slampur, |
12 i) Dinabandhu Roy, Pattadar-Paharu Ram Roy brother in law of Sharjini Roy, S/o Pilu Ram Roy Brother in l f |
8100 | Ch. 297124 dated |
| Roy | PO- Jogighopa | aw o Sarjini Roy W/o Nagendra Roy is the sister in law of Sarojini Roy |
5.8.2021 | |||
| 14. | Sahajamal Sk | 49/1971 | Shahazamal Shaikh Vill Kabaitari , |
13 Kabjan Nessa, Pattadar- Sahjamal Shaikh, S/o Sukna Shaikh, |
354600 | Cheque No-297125 |
| POjogighopa | Kabjan Nessa |
Dt 5/8/21 | ||||
| W/o Shazamal Shaikh | ||||||
| 15 and 22 |
Nur Mohammad |
50/1971 & |
Nur Saheb S/O Late Nuruddin |
14 i)Jamaruddin Ahmed, Pattadar-Nuruddin Ahmed, |
i) 150300 ii) 119700 |
Cheque No-297126 |
Page No.# 29/35
| Ahmed | 57/1971 | Ahmed Vill-Bhatipara, PO Jogighopa |
S/o Sukna Shaikh ii) Nur Saheb is the son Nuruddin Ahmed |
Dt 5/8/21 | ||
|---|---|---|---|---|---|---|
| 16. | Nuruddin Ahmed |
51/1971 | Josim Uddin, S/o Late Keramod Ali, Vill-Bhatipara, |
15 i)Jacimuddin Ahmed, Pattadar-Keramod Ali , |
252000 | Cheque No-297127 |
PO Jogighopa |
S/o Basiruddin | Dt 5/8/21 | ||||
| 17 and 18 |
MdKeramat Ali | 52/1971 | Nasiruddin Ahmed, S/o Late Sirajuddin Ahmed, Vill- Bhatipara, PO Jogighopa |
16 i) Nasiruddin Ahmed, Pattadar-Sirajuddin Ahmed S/o Rashid Mollah ii)Nasiruddin Ahmed S/o Sirajuddin Ahmed |
115200 | Cheque No-297129 Dt 5/8/21 |
| 19 | Sariful Hussain | 54/1971 | Sajeda Begum, D/o Soriful Hussain, Vill- Bhatipara, PO Jogighopa |
17 i) Sajeda Begum Pattadar-Sariful Hussain, S/o Mohimuddin ii)Sajeda Begum, D/o Sariful Hussain |
207000 | Cheque No-297130 Dt 5/8/21 |
| 20. | Kamaluddin | 55/1971 | Arman Ali, S/o Late Kamaluddin , Vill - Bhatipara, PO -Jogighopa |
18 i) Akram Ali, Pattadar-Kamaluddin, S/o Rashid Mullah ii)Arman Ali S/o Kamaluddin B/o Arman Ali |
70200 | Cheque No-297131 Dt 5/8/21 |
| 21. | Ruplal Das | 56/1971 | Dipak Das, S/o Ruplal Das, vill Chalantapara, PO Chalantapara |
19 i) Manidra Das, Pattadar-Ruplal Das, S/o Bhot Ram Das ii) Dipak Das is the S/o Ruplal Das Munidra Das B/o Dipak Das |
59400 | Ch. No. 297132 dated 5.8.21 |
| 22. | Satish Ch. chakraborty |
61/1971 | Ramesh Ch Chakraborty, S/o Late Satish Ch Chakraborty, Vill- Jogighopa PO Jogighopa |
20 i) Dilip Kumar Chakraborty, Pattadar-Satish Ch Chakraborty ii) Ramesh Ch Chkraborty S/o Satish Chakraborty Dilip Kumar Chakraborty B/o Ramesh Chandra Chakraborty |
318600 | Ch. No. 297158 dated 5.8.21 |
| 27. | Ali Hussain | 62/1971 | Abdul Rashid, S/o Ali Hussain Vill-Bhatipara, PO Jogighopa |
21 i)Abdul Rashid Pattadar-Ali Hussain, S/o Garbaru Shaikh ii) Abdul Rashid is the S/o Ali Hussain |
259200 | Cheque No-297137 Dt 5/8/21 |
| 28. | Ram Das | 63/1971 | Satya Das S/o Ram das , VillAbhayapuri Ward No .3 PO Abhayapuri |
22 i) Satya Das, Pattadar-Ram Das, S/o Kalturam Das ii) Satya Das is the S/o Ram Das |
39600 | Cheque No-297138 Dt 5/8/21 |
| 29. | Akbar Ali | 64/1971 | Hadi Hussain, S/o Akbar Ali Ahmed, Vill-Tenamari |
23 i) Arif Hussain, Pattadar-Akbar Ali Ahmed, S/o Garbaru Shaikh ii) Hadi Hussain, |
315000 | Cheque No-297139 |
| g, PO Abhayapuri |
S/o Akbar Ali Ahmed Arif Ali Hussain S/o Hadi Hussain |
Dt 5/8/21 | ||||
| 30. | Jamiruddin | 65/1971 | Rohima Bewa, | 24 i)Abdul Ruf, |
874800 | Cheque |
Page No.# 30/35
| W/o Jamiruddin, Vill Bhatipara, Po -Jogighopa |
Pattadar-Zamir Uddin Ahmed, S/o Abdul Rahman ii) Rohima Bewa, W/o Zamiruddin Ahmed Abdul Ruf B/o Rohima Bewa |
No-297140 Dt 5/8/21 |
||||
|---|---|---|---|---|---|---|
| 31. | Maizuddin Sk | 66/1971 | Samsu lZaman, S/o Maizuddin Shaikh, Vill-Islampur, |
25 i)Samsul Zaman, Pattadar-Maizuddin Ahmed ii) Samsul Zaman |
118800 | Cheque No-297141 |
PO Jogighopa |
S/o Maizuddin Ahmed Zar |
Dt 5/8/21 | ||||
| 32. | Sahabuddin | 67/1971 | Idrish Ali, S/o Sahabuddin, Vill-Bhatipara, |
26 i) Siddique Ali, Pattadar – Sahabuddin, S/o Majan Shaikh ii) Idrish Ali is the son of |
81900 | Cheque No-297142 |
Po-Jogighopa |
Sahabuddin Siddik Ali B/o Idrish Ali |
Dt 5/8/31 | ||||
| 33. | Mohammad Ali | 68/1971 | Abdul Motin, S/o Mohammad Ali, Vill Bhatipara, PO Jogifghopa |
27 i) Manchur Ali, Pattadar-Mohammad Ali S/o Nagaru Shaikh i B/o abdulMotin |
576000 | Ch No. 297143 dated 5.8.21 |
| 34. | Heasbuddin | 69/1971 | Abdul Alam, S/o Hesabuddin, PO Jogighopa |
28 i) Sohrab Ali, Pattadar -Hesabuddin ii) Abdul Alam is the S/o Hesabuddin |
paid to Hesabuddin |
Ch. 659596 dt. 9.8.21 |
| 35 | Samsuddin | 70/1971 | Ayub Ali S/o Late Abdul Halim , |
29 i) Ayub Ali, Pattadar- Samsul Ahmed, S/o Rashid Mollah ii) Abdul Halim |
433800 | Cheque No-297144 |
| PO Jogighopa | , S/o Samsul Ahmed & Ayub Ali S/o Abdul Halim |
Dt 5/8/21 | ||||
| 36. | Jolay Mamud | 71/1971 | Muktar Hussain, S/o Jolai Mamud, Vill-Koreya Pahar, PO Jogighopa |
30 i) Mukhtar Hussain, Pattadar-Jolai Mamud Saikh, S/o Halim Shaukh |
61200 | Cheque No-297145 Dt 5/8/21 |
| Abdul Hamid | 72/1971 | 31 i) Halima Khatun, |
74700 | |||
| Pattadar- Abdul Hamid, | ||||||
| 37. | Halima Begum, D/o late Abdul Hamid Vill- Bhatipara, PO Jogighopa |
S/o Abdul Farman ii) Halima Begum, D/o Abdul Hamid Halima Khatun Halima Begum same person |
Cheque No-297146 Dt 5/8/21 |
|||
| 38. | Wazudin Ahmed |
73/1971 | Abdul Kalam Ali , S/o Late Wzidduin Ahmed Vill-Islampur, |
32 i) Jerifa Alam, Pattadar-Wazauddin Ahmed S/o -Mohimuddin Ahmed ii) Abdul Kalam is s/o |
783900 | Cheque No-297147 Dt 5821 |
| PO Jogighopa | Wazuddin Ahmed Jerifa Alam n/o Abdul Kalam Ali |
// | ||||
| 39. | Safiruddin Sk | 74/1971 | Monsur Ali, S/o Late Sorifuddin Shaikh, |
33 i) Samsul Hussain, Pattadar- Safiar Rahman ii) Monsur Ali b/o Samsul |
180900 | Cheque No-659598 |
| Vill-Islampur, PO Jogighopa |
Hussain |
Dt | ||||
| 40. | Abdul Matin | 75/1971 | Moziruddin, |
34 i) Khan Abdul Faraque |
1119600 | Cheque |
| C/o Abdul Motin, Vill-Kobaitarii, PO Jogighopa |
Pattadar -Abdul Motin S/o Jeharuddin ii) Moziruddin is the s/o Abdul MotinKhan Abdul Farokh n/o |
No-297149 Dt 5/8/21 |
Page No.# 31/35
| 41 | Khairuzzaman | 76/1971 | Khairuz Zaman, Vill Bhatipara PO Jogighopa |
35 | Moizuddin Amurul Haque, Pattadar-Khairuz Zaman S/o Maniruddin Amarul Haque S/o KhairujZaman |
450000 | Cheque No-297150 Dt 5/8/21 |
|---|---|---|---|---|---|---|---|
| 42. | Atul Ch Singha | 77/1971 | Pabitra Singha, S/o Late Atul Ch Singha, Vill-Jogighopa, PO Jogighopa |
36 | Pabitra Kr Singha, Pattadar Atul Ch Singha |
699300 | Cheque No-297151 Dt 5/8/21 |
| 43. | Giasuddin | 78/1971 | Sokbari Shaikh, S/o Late Giasuddin, Vill-Jogighopa, |
37 | i) Fajijul Islam, Pattadar-Osman Gani Ahmed. S/o Giasuddin ii) Sokbari Saikh is the s/o |
1255500 | Cheque No-297152 |
PO Bhatipara |
Giasuddin Fajijul brother of Sokbari |
Dt 5/8/21 | |||||
| 44. | Baneswar Roy | 80/1971 | Nagedra Ch. Roy C/o Baneswar Roy, Vill-Jogighopa, |
38 | i) Ramprashad Roy, Pattadar- Baneswar Roy, S/o Gabardhan Roy ii) Nagendra Roy is the s/o |
651600 | Cheque No-297195 |
| PO-Jogighopa | Baneswar Roy Ram Prasad N/o NagedraCh Roy |
Dt 5/8/21 | |||||
| 46. | Kharasuri Bewa | 82/1971 | Sobur Ali, S/o Late Gopal Shaikh, PO-Jogighopa |
39 | i) Sabur Ali, Pattadar –Khasara Bewa ii) Sobur Ali is the grandson of Khasara Bewa |
92700 | Cheque No-297156 Dt 5/8/21 |
| 47. | Nasiruddin Sk | 83/1971 | Abdur Rahim, S/o late Nasiruddin, Vill-Batipara, PO-Jogighopa |
40 | i) Saiful Haque, Pattadar –Nachiruddin Shaikh s/o Hayat Ali ii) Abduln Rahim is the s/o Nasiruddin Sofiul Hoque s/o Abdul Rahim |
270900 | Cheque No-297157 Dt 5/8/21 |
| 47/1971 | Kulada Prashad Chakraborty F/O Kuntal Raj Chakraborty |
Paid to Kuntal Raj Chakraborty S/o Kulada Prashad Chakraborty |
545400 | Ch. No. 297123 dt. 5.8.21 |
|||
| Dharmeshwar Roy F/O Bubul Roy |
Paid to Bubul Roy | 665100 | Cheque No-198300 Dt 5/8/21 |
||||
| Khanindra Medhi, S/O Haren Ch Das |
Khanindra Medhi | 61200 | Cheque No-29734 Dt 5/8/21 |
||||
| Sale Ahmed, S/O Abdul Karim |
SellyAhmad | 184500 | Cheque No-297136 |
||||
| Nakib Ahmed, S/O Piyaruddin |
Nekib Ahmad | 270000 | Cheque No-297135 |
||||
| Parimola Das, W/O Lt Mohan Das |
Parimol Das | 76500 | Cheque No-297154 Dt 5/8/21 |
Page No.# 32/35
successors-in-interest of the persons interested who are applicants of Misc [L/A] applications, quoted hereinabove in the Table, in Misc [Arb] Case no. 4 of 1978 and all of them have received their respective cheques and have also executed an affidavit each separately to that effect, apart from acknowledging receipt of the respective compensation amounts vide acknowledgement receipt. Mr. Keyal, learned Standing Counsel, Inland Waterways Authority of India [IWAI] has placed copies of the acknowledgement receipts and the affidavits, sworn by each of the 40 [forty] nos. of petitioners wherein they have clearly acknowledged the receipts of their respective compensation amount through cheques and have also undertaken to vacate the parcels of lands which were/are in their possession by relinquishing all their claims and rights in connection with those parcels of lands which were acquired vide L.A. Case no. 26/1965-1966. Mr. Keyal, learned Standing Counsel, ICWAI has further submitted that after executing the acknowledgement receipts and the affidavits, these 40 [forty] nos. of petitioners have vacated the parcels of lands which were the subject-matter of L.A. Case no. 26/1965-1966.
Page No.# 33/35
prayer no. [iii] and prayer no. [v], made in the writ petition. Furthermore, as the compensation amounts have been arrived at after negotiation between the petitioners side and the respondents side without raising the issue of providing any employment to the members of the petitioners’ families, any submission as regards prayer no. [iii] does not require a dilation.
26.1. In so far as the prayer of the petitioners to return the unutilized parcels of land to them as per Section 35 of the Defence of India Act, 1962 is concerned, it is noticed that Section 35 has provided for release of a property requisitioned under Section 29 of the same Act. In the case in hand, the requisitioning of the parcels of land measuring 154B-04K-08L was followed by acquisition. The parcels of land measuring 154B-04K-08L were under requisition as on 10.01.1968 when Section 25 came to be inserted in the Requisitioning and Acquisition of Immovable Property Act, 1952 by the Requisitioning and Acquisition of Immovable Property [Amendment] Act, 1968 w.e.f. 10.01.1968. In view of insertion of Section 25 in the afore-stated manner, the provisions of the Defence of India Act, 1962 including Section 35 thereof, had ceased to operate by virtue of sub-section [2] of Section 25 of the Requisitioning and Acquisition of Immovable Property Act, 1952, as amended. As such, the contention of the petitioners with regard to prayer no. [iv] is not tenable at this distant point of time.
26.2. From the fact situation obtaining in the case in hand, it has emerged that the parcel of land measuring 154B-04K-08L stood acquired by virtue of the proceedings of L.A. Case no. 26/1965-1966. It is a settled proposition of law of acquisition that once the land is acquired, it cannot be restored to the erstwhile landowner/persons interested from whom such land was acquired, even if it is
Page No.# 34/35
not used for the purpose for which it was so acquired or for any other purpose. It is trite to mention that once the possession of the land has been taken and compensation has been disbursed to the erstwhile landowner/persons interested, the land stands vested in the State, free from all encumbrances, and it cannot be reconveyed to the erstwhile landowner/persons interested. The erstwhile landowner/persons interested had a limited right to the extent of receiving compensation against their acquired land. As such, the relief sought for by the petitioners that they should be evicted from the possession of the unutilized land, as contained in prayer no. [ii] in the writ petition, cannot be countenanced.
Page No.# 35/35
JUDGE
Comparing Assistant
3 issues framed by the court
Whether petitioners entitled to enhanced compensation beyond amounts already paid?
Whether acquisition land can be returned to persons whose lands were acquired?
Whether section 35 of Defence of India Act, 1962 remains applicable post-acquisition?
Mun Das and Ors.
Union of India
State of Assam
NWFR Railway and Ors.
Inland Waterways Authority of India
NHIDCL
MANISH CHOUDHURY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
