Disposed

Nur Mohammad @ Mohammad Ali v. the State of Assam and 14 Ors.

Gauhati HC12 Mar 2024WP(C)/823/2024

Case brief

AI extract

What is this about?

Petitioner challenged ferry ghat settlement on his land. Court accepted letter suggesting shifting embankment point 3.2 km away to avoid private land. Ordered verification to ensure embankment avoids petitioner's land before proceeding.

What did the court decide?

Respondents directed to verify the area and ensure the embarkation and disembarkation point of the ferry service is shifted from the petitioner's land.

Nur Mohammad @ Mohammad Ali Vs the State of Assam and… — Motor Accident Claims | Gauhati HC (2024)

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GAHC010033322024

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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)/823/2024

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NUR MOHAMMAD @ MOHAMMAD ALI S/O- LATE BILAT ALI, VILL.- SUAPATA PT.-III, P.O. SUAPATA , P.S. BILASIPARA, DIST. DHUBRI ASSAM, PIN- 783348.

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VERSUS

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THE STATE OF ASSAM AND 14 ORS REPRESENTED BY THE CHIEF SECRETARY, GOVT. OF ASSAM, DISPUR, GHY-06.

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR GHY-06.

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3:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT DISPUR GHY-06.

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4:THE DEPUTY COMMISSIONER DHUBRI ASSAM

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5:THE SUB-DIVISIONAL OFFICER (CIVIL) BILASIPARA DIST. DHUBRI ASSAM

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6:THE CIRCLE OFFICER BILASIPARA REVENUE CIRCLE BILASIPARA

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P.O. AND P.S. BILASIPARA DIST. DHUBRI ASSAM 7:THE DHUBRI ZILLA PARISHAD REP. BY CHIEF EXECUTIVE OFFICER DHUBRI ZILLA PARISHAD ASSAM 8:THE PRESIDENT DHUBRI ZILLA PARISHAD DIST. DHUBRI ASSAM 9:THE NAYERALGA ANCHALIK PANCHAYAT REPRESENTED BY ITS PRESIDENT NAYERALGA ANCHALIK PANCHAYAT BILASIPARA DIST. DHUBRI ASSAM

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10:THE EX- OFFICIO EXECUTIVE OFFICER

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NAYERALGA ANCHALIK PANCHAYAT BILASIPARA CUM BLOCK DEVELOPMENT OFFICER NAYERALGA DEVELOPMENT BLOCK BILASIPARA DIST. DHUBRI ASSAM. 11:THE SECRETARY KAZAIKATA-SUAPATA GAON PANCHAYAT P.O-KAZAIKATA P.S- BILASIPARA DIST- DHUBRI ASSAM PIN- 783348. 12:THE PRESIDENT KAZAIKATA-SUAPATA GAON PANCHAYAT P.O-KAZAIKATA P.S- BILASIPARA DIST- DHUBRI ASSAM PIN- 783348. 13:THE EXECUTIVE ENGINEER INLAND WATER TRANSPORT DIVISION ULUBARI GHY-07.

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14:NURUL ISLAM S/O- DILU MONDAL VILL- SUAPATA PT-III P.O- SUAPATA P.S-BILASIPARA DIST. DHUBRI ASSAM

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PIN- 783348

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15:ABDUL WAHAB S/O- LT. ASMOT ALI VILL- JAHANAPATHAR P.O- RAMAPARAPAN P.S- BHAGBAR DIST. BARPETA ASSAM

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PIN- 78130

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Advocate for the Petitioner : MR. M U MONDAL

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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13.03.2024

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Heard Mr. M.U. Mondal, learned counsel for the petitioner and Ms. M.D. Borah, learned counsel for the Transport Department.

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Mr M.U. Mondal submits that as per the Letter dated 25.06.2021 issued by the Circle Officer, Bilasipara Revenue Circle (respondent No.6), the Suapata Part III Katakhali Ghat, which has been settled with the respondent Nos. 14 and 15, is situated in Dag No. 316 and 317. The petitioner’s case is that he is the owner of Dag No.317 as per the said letter dated 25.06.2021 issued by the respondent

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No.6. He accordingly submits that the settlement of the Ghat in pursuance to the NIT dated 03.03.2023 and consequential orders should be set aside, as it pertains to his land.

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The petitioner’s counsel further submits that the Suapata Part III Katakhali Ghat has been settled by the Executive Engineer, Inland Water Transport Division, Ulubari vide the Letter dated 17.01.2024.

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Ms. M.D. Borah has submitted letter No. EWT/FS/278/S Pt-III/202324/2547 dated 12.03.2024 issued by the Executive Engineer, Inland Water Transport Division, Ulubari, Guwahati-7, which is to the effect that the embarkation and disembarkation point of Suapata Pt-III Ferry Service can be shifted, so that no private land is effected.

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In view of the above letter dated 12.03.2024, which is made a part of the record and marked as Annexure-X, the respondents are directed to make a verification of the area and ensure that the embarkation and disembarkation point of Suapata Pt-III Ferry Service is taken out from the land of the petitioner.

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The last paragraph of the letter dated 12.03.2024 is re-produced hereinbelow as follows :

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“Regarding the notification of a ferry service on a private land, it is to be mentioned here that a no objection certificate was received from the President of the Bahir Suapata Gaon Panchayat vide letter No. BSPGP/16/NOC/2022-24/13, Dt. 14-09-2023. Also, as per Section 13 of Northern India Ferries Act' 1878, boundary of a notified ferry service is 2 (two) miles (3.2 km) from the notified point. So, if the embarkation and disembarkation point of Suapata Pt-III ferry service is shifted to 3.2 KM

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from the original notified point, no private land will be hampered.”

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The writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Nur Mohammad @ Mohammad Ali v. the State of Assam and 14 Ors.

Case brief

What is this about?

What did the court decide?

Nur Mohammad @ Mohammad Ali v. the State of Assam and 14 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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