Disposed

Nepalpara Bazar (Serfanguri) Babsayee Samiti v. the State of Assam and 7 Ors.

Gauhati HC22 Sept 2024WP(C)/2838/2022

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition challenging the demolition of an existing market under the APART scheme. While finding no ground to entertain the petition in its entirety, the Court directed authorities to provide temporary sheds for sellers during the construction period.

What did the court decide?

The concerned respondent authorities are directed to provide temporary sheds to the members of the petitioners' Society during the construction period if not already provided.

Nepalpara Bazar (Serfanguri) Babsayee Samiti Vs the State… — Property and Title | Gauhati HC (2024)

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GAHC010073872022

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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)/2838/2022

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NEPALPARA BAZAR (SERFANGURI) BABSAYEE SAMITI REPRESENTED BY ITS PRESIDENT ERAGDAO NARZARY, S/O LT RAJANI KANTA NARZARY, VILL-NEPALPARA BAZAAR, SERFANGURI, P.O.SERFANGURI, P.S.-SERFANGURI, DIST-KOKRAJHAR, BTAD, ASSAM, PIN783346

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VERSUS

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THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, DEPARTMENT OF AGRICULTURE, GOVT OF ASSAM, GUWAHATI-06

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2:THE BODOLAND TERRITORIAL COUNCIL KOKRAJHAR ASSAM REPRESENTED BY ITS PRINCIPAL/SECRETARY BTC KOKRAJHAR ASSAM

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3:THE DIRECTOR OF AGRICULTURE ASSAM KHANAPARA GUWAHATI-22

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4:THE DEPUTY COMMISSIONER KOKRAJHAR BTAD ASSAM-783370

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5:THE ADDITIONAL DEPUTY COMMISSIONER KOKRAJHAR

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BTAD-783370 6:THE DISTRICT AGRICULTURE OFFICER KOKRAJHAR BTAD ASSAM-783370 7:THE CIRLCE OFFICER DOTMA REVENUE CIRCLE DOTMA DIST-KOKRAJHAR BTAD ASSAM-783347 8:THE BLOCK DEVELOPMENT OFFICER DOTMA BLOCK DOTMA DIST-KOKRAJHAR BTAD ASSAM-78334

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Advocate for the petitioner(s): Mr. PK Das

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Advocate for the respondent(s): Mr. B Choudhury

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For respondent Nos.1, 2, 3, 6 and 8 Mr. N Goswami

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For respondent Nos.4, 5 and 7

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B E F O R E

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HON’BLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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23.09.2024

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Heard Mr. PK Das, the learned counsel appearing on behalf of the petitioner. Also heard Mr. B Choudhury, the learned counsel appears on behalf of

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respondent Nos.1, 2, 3, 6, 7 and 8 and Mr. N Goswami, the learned Junior Government Advocate, Assam appears on behalf of the respondent Nos.4 and 5.

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The petitioners herein is a Society registered under the provisions of the Societies Registration Act, 1860. It is the case of the petitioners that a land covering around 13 bighas 2 kathas and 10 lechas falls under Dotma Circle, Mouza 6^th Part, Sidli, bearing Dag No.159, which is a Government land and there is also another plot of land which covers 5 bighas 3 kathas and 2 lechas bearing Dag No.269. In the said lands, there is a market established in the year 1987 and the members of the petitioners’ Society are engaged in carrying out their business by running their shops. In the month of December, 2021, the petitioners were informed that the market, in question, would be demolished and the said lands would be used to construct an open market under the Assam Agribusiness and Rural Transformation Project (APART) scheme. It is the further case of the petitioners that they have submitted representations that they should be provided alternative land for resettlement purpose and accordingly they may be given some time to sort out everything for the purpose of relocation of their shops.

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The petitioners further is aggrieved by the fact that inspite of their representation, no steps have been taken for which the instant writ petition has been filed.

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Mr. B Choudhury, the learned counsel appearing on behalf of the respondents has submitted that the decision to set up a new market in terms

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with the Assam Agribusiness and Rural Transformation Project (APART) scheme has been done on the basis of a public consultation being carried out wherein the members of the petitioners’ Society have duly participated. It is submitted that in the minutes of the meeting recorded on 17.01.2021 which was a meeting held, wherein the members of the petitioners’ Society had duly participated, it was resolved that the members of the petitioners Society would be temporarily re-settled in a safer location i.e. in the Nepalpara Paddy Market Field near the Small Car Stand (Maruti Stand) and the temporary sheds would be constructed to accommodate the relocated sellers during the construction period. The learned counsel appearing on behalf of the respondents further submitted that this aspect of the matter had not been brought to the notice of the Court while filing the writ petition.

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It has also been submitted that the respondent authorities are not adverse to providing temporary sheds to the members of the petitioners Society in terms with the resolution so adopted in the meeting held on 17.01.2021.

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Taking into account the above, this Court finds no ground to entertain the instant writ petition. This Court, however, observes that the respondent authorities shall also duly take note of that the members of the petitioners Society in order to carry on their livelihood have to be provided certain temporary sheds during the period when the construction is carried out and as such, the concerned respondent authorities are directed to provide such temporary sheds, if not already provided.

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

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The instruction(s) so provided is returned back to Mr. B Choudhury, the learned Standing Counsel, BTC as well as the Agriculture Department, Government of Assam.

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JUDGE

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Comparing Assistant

Nepalpara Bazar (Serfanguri) Babsayee Samiti v. the State of Assam and 7 Ors.

Case brief

What is this about?

What did the court decide?

Nepalpara Bazar (Serfanguri) Babsayee Samiti 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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