Allowed

The Deputy Commissioner, Kamrup (M) and Anr. v. Khagen Chandra Das and 2 Ors.

Gauhati HC4 Sept 2024I.A.(Civil)/1520/2024

Case brief

AI extract

What is this about?

This order modifies an interim status quo order to allow the Collector to initiate the land acquisition process for permanent construction of an approach road, despite a previous direction not to proceed.

What did the court decide?

The order dated 20.03.2023 is modified to the extent that status quo shall not bar the Collector from initiating the due process of land acquisition.

The Deputy Commissioner, Kamrup (M) and Anr. Vs Khagen… — Land Acquisition | Gauhati HC (2024)

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Page No.# 1/3

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GAHC010044072023

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

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Case No. : I.A.(Civil)/1520/2024

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THE DEPUTY COMMISSIONER KAMRUP (M) AND ANR GUWAHATI 2: THE CIRCEL OFFICER DISPUR REVENUE CIRCLE KAMRUP (M) VERSUS KHAGEN CHANDRA DAS AND 2 ORS. S/O LATE NARAD CHANDRA DAS R/O HOUSE NO. 99 PATHERQUARRY P.O.-UDAYAN BIHAR P.S.-NOONMATI DIST- KAMRUP (M) ASSAM

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2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY REVENUE DEPARTMENT DISPUR GUWAHATI DIST-KAMRUP (M) ASSAM PIN 781006

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3:THE EXECUTIVE ENGINEER PWD (ROADS) GUWAHATI CITY DIVISION NO. III GOVT OF ASSAM BAMUNIMAIDAM GUWAHATI-21

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Page No.# 2/3

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Advocate for : JR. GA

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ASSAM

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Advocate for : MR. K M MAHANTA appearing for KHAGEN CHANDRA DAS AND 2 ORS.

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BEFORE

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THE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY Order

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05.09.2024

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Heard Mr. D Nath, learned counsel for the petitioner. Also heard Ms. N Begum, learned counsel for the writ petitioner.

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The present application is filed for modification/ altercation of an order dated 20.03.2023 passed in WP(C) 1420/2023. The aforesaid writ petition was filed being aggrieved by a notice dated 03.01.2023 issued by the Deputy Commissioner, Kamrup (M) in exercise of power under Section 3(1) of the Assam Land (Requisition / Acquisition) Act, 1964 by which certain land including the land of the petitioner has been sought to be requisitioned for purpose of construction of the approach road to Jagannath Temple of Patharquary in Village No. 1, Mathgharia.

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Considering that the requirement of the land was for permanent approach road and the same cannot be said to be temporary one and that requisition process cannot be initiated for such purpose, this court by order dated 20.03.2023 directed to maintain status quo so far the land of the petitioner is concerned.

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It is the case of the Deputy Commissioner cum Collector that the Collector is intending to initiate the process for acquisition of the land inasmuch as it is a permanent construction. However, for the order passed by this court directing the maintenance of status quo, the Collector is not in position to proceed with the land acquisition process.

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In view of the aforesaid, this court is of the opinion that the interim order can be modified giving a liberty to the Collector to acquire the land of the petitioner in accordance with law. Accordingly, it is provided that the status quo order dated 20.03.2023 shall not bar the

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Collector to initiate the due process of land acquisition for acquiring the land of the petitioner. Accordingly the order dated 20.03.2023 is modified to the aforesaid extent.

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With the aforesaid observation, the IA stands disposed of.

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JUDGE

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Comparing Assistant

The Deputy Commissioner, Kamrup (M) and Anr. v. Khagen Chandra Das and 2 Ors.

Case brief

What is this about?

What did the court decide?

The Deputy Commissioner, Kamrup (M) and Anr. v. Khagen Chandra Das and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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