Disposed¶95

Abdul Jabbar v. the State of Assam

Gauhati HC1 Jun 2025WP(C)/1062/2025

Case brief

AI extract

What is this about?

Singra River diversion project; Gelahati area; North Lakhimpur Water Resources Division; river training works; new embankment; anti-erosion measures; perennial flood inundation; periodic patta land; land acquisition; foreclosure of scheme; Flood Preparedness meeting dated 14.05.2025; no further expenditure; writ petition closed with liberty to approach Court/forum afresh; WP(C)/1062/2025; Gauhati High Court; disposed 02-06-2025.

What did the court decide?

Writ petition closed with liberty to the petitioners to approach this Court or any other available forum if aggrieved by the action of the authorities, including the issue raised in the writ petition; Minutes of meeting dated 14.05.2025 directed to be kept on record. ¶95

Abdul Jabbar Vs the State of Assam — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the 'River training works along with construction of new embankment and anti-erosion measures' project on the Singra River at Gelahati area would cover the petitioners' periodic patta lands without undertaking any land acquisition process. +1 more

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Ratio / Principle

In view of the Minutes of the meeting dated 14.05.2025 recording foreclosure of the scheme on Singra River at Gelahati area, the Court held there was no scope of further adjudication and the present writ petition stood closed.

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Key takeaways

The petitioners were granted liberty to approach this Court or any other available forum if aggrieved by the action of the authorities, including the issue raised in the present writ petition.ratio¶95

Detailed headnote1 paragraphs

Gauhati High Court (Arun Dev Choudhury, J.), 02-06-2025, WP(C)/1062/2025 — Forty-one residents of Pandhowa and No. 2 Borchala villages under North Lakhimpur police station, District Lakhimpur, assailed the project 'River training works along with construction of new embankment and anti-erosion measures to resolve perennial flood inundation problem of Singra River' at Gelahati area on the ground that it contemplated covering their periodic patta lands without any land acquisition process. During hearing, the State produced the Minutes of the 'Flood Preparedness' meeting dated 14.05.2025 recording (paragraph 13) foreclosure of the scheme after partial fulfillment of its goal — the channel excavation having mitigated water logging, while the new embankment component could not proceed due to local resistance towards land acquisition. Counsel for the petitioners, submitting they would have no grievance if the project was closed, sought closure with liberty. Holding that there was no scope of further adjudication, the Court closed the petition, granting liberty to the petitioners to approach this Court or any other available forum if aggrieved, and directed the Minutes to be kept on record. No statute or precedent was cited.

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GAHC010039592025

2025:GAU-AS:7115

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

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Case No. : WP(C)/1062/2025

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ABDUL JABBAR

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S/O- LATE SAMSUDDIN VILL PANDHOWA, PO- GORCHIGA

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2: HAIDUL ISLAM

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SON OF NUR UDDIN VILLAGE PANDHOWA POST OFFICE GORCHIGA

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3: HAJRAT ALI

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SON OF LATE NABAB ALI VILL NO.2 BORCHALA POST OFFICE BORCHALA

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4: CHADIKUL ISLAM

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SON OF ABUL HUSSAIN VILLAGE NO.2 BORCHALA POST OFFICE BORCHALA

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5: MD. FAZAR ALI

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SON OF LATE NABAB ALI VILLAGE NO.2 BORCHALA POST OFFICE BORCHALA

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6: FAKHAR UDDIN

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SON OF LATE NABAB ALI VILLAGE NO.2 BORCHALA POST OFFICE BORCHALA

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7: MANNAS ALI

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SON OF LATE KASEM ALI VILLAGE PANDHOWA POST OFFICE GORCHIGA

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8: KUBBAT ALI

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SON OF LATE MOHAMMAD ALI

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VILLAGE NO.2 BORCHALA POST OFFICE BORCHALA

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9: MAINUL HOQUE SON OF LATE NUR UDDIN VILLAGE PANDHOWA POST OFFICE GORCHIGA

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10: AJAHARUL ISLAM SON OF LATE SAMSUL HOQUE VILLAGE PANDHOWA POST OFFICE GORCHIGA

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11: RIAJUL ISLAM SON OF LATE SAMSUL HOQUE VILLAGE PANDHOWA POST OFFICE GORCHIGA

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12: ABDUL JOLIL SON OF URMOS ALI VILLAGE PANDHOWA POST OFFICE GORCHIGA

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13: SIRAJUL HOQUE SON OF LATEHASEN ALI VILLAGE PANDHOWA POST OFFICE GORCHIGA

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14: MOSFIQUR RAHMAN SON OF NUR UDDIN VILLAGE PANDHOWA POST OFFICE GORCHIGA

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15: ATAUR RAHMAN SON OF LATE NUR UDDIN VILLAGE PANDHOWA POST OFFICE GORCHIGA

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16: ANECHA BEGUM WIFE OF ATAUR RAHMAN VILLAGE PANDHOWA POST OFFICE GORCHIGA

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17: SAHAB UDDIN SON OF KUBBAT ALI VILLAGE NO.2 BORCHALA POST OFFICE BORCHALA

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18: MAINUL HOQUE SON OF LATE HASEN ALI VILLAGE PANDHOWA POST OFFICE GORCHIGA

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19: JAIDA KHATUN WIFE OF LATE FAZLUL HOQUE VILLAGE PANDHOWA POST OFFICE GORCHIGA

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20: AINUL HOQUE SON OF LATE HACHEM ALI VILLAGE PANDHOWA POST OFFICE GORCHIGA

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21: FARIZ UDDIN SON OF LATE ICHAB ALI VILLAGE PANDHOWA POST OFFICE GORCHIGA

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22: HOQUE JASMIN SULTANA DAUGHTER OF NURUL HOQUE VILLAGE PANDHOWA POST OFFICE GORCHIGA

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23: CHAFIQUL ISLAM SON OF ABDUL JABBAR VILLAGE NO.2 BORCHALA POST OFFICE BORCHALA

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24: AHMED ALI

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SON OF LATE ISMAIL ALI VILLAGE NO.2 BORCHALA POST OFFICE BORCHALA

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25: AHED ALI

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SON OF LATE IBRAHIM ALI VILLAGE NO.2 BORCHALA POST OFFICE BORCHALA

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26: ABDUL ROSHID SON OF ABDUL SAMAD VILLAGE NO.2 BORCHALA POST OFFICE BORCHALA

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27: ABDUR REJJAK SON OF ISMAIL ALI VILLAGE NO.2 BORCHALA

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POST OFFICE BORCHALA

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28: NUR MOHAMMAD SON OF LATE NAYEB ALI VILLAGE PANDHOWA POST OFFICE GORCHIGA

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29: HABIJUL ISLAM SON OF LATE KHECHU SHEIKH VILLAGE PANDHOWA POST OFFICE GORCHIGA

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30: SAHERA KHATUN WIFE OF LATE HASEN ALI VILLAGE PANDHOWA POST OFFICE GORCHIGA

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31: ZAKIR HUSSAIN SON OF AINUL HOQUE VILLAGE PANDHOWA POST OFFICE GORCHIGA

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32: SADIKUL ISLAM SON OF ABDUL JABBAR VILLAGE NO.2 BORCHALA POST OFFICE BORCHALA

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33: ABDUL BAREK SON OF KASEM ALI VILLAGE PANDHOWA POST OFFICE GORCHIGA

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34: MOFIDUL ISLAM SON OF AINUL HOQUE VILLAGE PANDHOWA POST OFFICE GORCHIGA

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35: BAHARUL ISLAM SON OF HAJRAT ALI VILLAGE PANDHOWA POST OFFICE GORCHIGA

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36: SAFIKUL ISLAM SON OF HAJRAT ALI VILLAGE PANDHOWA POST OFFICE GORCHIGA

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37: SAINUL HOQUE

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SON OF HUSSAIN ALI VILLAGE PANDHOWA POST OFFICE GORCHIGA

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38: ALIM UDDIN SON OF AINUL HOQUE VILLAGE PANDHOWA POST OFFICE GORCHIGA

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39: KHOMIR UDDIN SON OF AINUL HOQUE VILLAGE PANDHOWA POST OFFICE GORCHIGA

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40: HARBUL ISLAM

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SON OF LATE NUR UDDIN VILLAGE PANDHOWA POST OFFICE GORCHIGA

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41: MASIKUL ISLAM SON OF LATE NUR UDDIN VILLAGE PANDHOWA POST OFFICE GORCHIGA

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ALL THE PETITIONERS ARE RESIDENTS UNDER POLICE STATION NORTH LAKHIMPUR

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DISTRICT LAKHIMPUR ASSAM

PIN 78705

VERSUS

THE STATE OF ASSAM

REPRESENTED BY THE PRINCIPAL SECRETARY, GOVERNMENT OF ASSAM, DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT, DISPUR, GUWAHATI, 781006

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2:THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM WATER RESOURCE DEPARTMENT ASSAM DISPUR GUWAHATI 781006

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3:THE ASSAM STATE DISASTER MANAGEMENT AUTHORITY

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TO BE REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER DISPUR GUWAHATI 781006

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4:THE CHIEF ENGINEER WATER RESOURCES DEPARTMENT GOVERNMENT OF ASSAM 5TH FLOOR WATER CENTRE BASISTHA GUWAHATI 781029

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5:THE ADDITIONAL CHIEF ENGINEER NORTHERN ASSAM WATER RESOURCE ZONE WATER RESOURCE DEPARTMENT LAKHIMPUR ASSAM 787031

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6:THE EXECUTIVE ENGINEER WATER RESOURCE DIVISION NORTH LAKHIMPUR LAKHIMPUR ASSAM 787031

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7:THE DISTRICT COMMISSIONER LAKHIMPUR DISTRICT LAKHIMPUR PIN 787031 8:THE CIRCLE OFFICER NOWBOICHA REVENUE CIRCLE LAKHIMPUR ASSAM 78703

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Advocate for the Petitioner : MR ROBIUL HOQUE, MRS. R MOMTAZ,H M I HOQUE

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Advocate for the Respondent : GA, ASSAM, SC. WATER RESOURCE DEPTT.,SC, REVENUE

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BEFORE

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HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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02-06-2025

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1. Heard Mr. A.I.Uddin, learned counsel for the petitioners and Ms. P.R.Mahanta, learned Standing counsel, Revenue and Disaster Management Department for the respondent Nos. 1 & 3. Also heard Mr. R.M.Das, learned Standing counsel, Water Resource Department for the respondent Nos. 2, 4, 5 & 6 and Mr. J. Handique, learned State counsel for the respondent Nos. 7 & 8.

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2. The petitioners have inter alia contended that a project for diversion of Singra River, namely, “River training works along with construction of new embankment and antierosion measures to resolve perennial flood inundation problem of Singra River” at Gelahati area is being undertaken and it contemplated to cover periodic patta lands belonging to the petitioners herein without undertaking any kind of land acquisition process.

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3. An affidavit has been filed by the respondent No. 7, inter alia contending that if the construction is carried out, some patta lands may be required.

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4. However, Mr.Das, learned Standing counsel, Water Resources Department, has produced before the Court copy of the minutes of the meeting on “Flood Preparedness” held on 14.05.2025 at the Conference Hall, 1^st Floor, Assam Water Centre, Basistha, Guwahati and has submitted that the resolution has been taken at paragraph 13 of the said Minutes of the meeting dated 14.05.2025, which goes to show that after review of the progress and current status of the scheme, for partial fulfillment of the scheme’s goal, no further expenditure should be incurred and the scheme is formally closed.

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5. In view of the aforesaid, learned counsel for the petitioners submits that if the project is closed, they will have no grievance, however, this writ petition may be closed with a liberty to the petitioners to file fresh petition as and when any cause of action arises for the aforesaid project.

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6. Heard the learned counsels for the parties and perused the Minutes of the meeting dated 14.05.2025 and the relevant portion of the aforesaid Minutes of the meeting is quoted herein below:-

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“13. Decision to Foreclose the scheme on Singra River at Gelahati Area: The House reviewed the progress and current status of the scheme titled “River training works along with construction of new embankment and anti-erosion measures to resolve the perennial flood inundation problem of Singra river at Gelahati area” under North Lakhimpur Water Resources Division. After detailed deliberation, it was decided to foreclose the scheme, as the primary objective of the project draining out stagnant water through channel excavation has already been achieved. The completed portion of the work effectively mitigated the immediate water logging issues in that area. However, remaining component of the project, namely the construction of a new embankment could not be taken up due to local resistance towards land acquisition, as the residents are unwilling to part with their land.

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Given the circumstances and the partial fulfillment of the scheme’s goal, House resolved that no further expenditure should be incurred, and the scheme formally closed.”

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7. In view of the aforesaid, this Court is of the considered opinion that there is no scope of further adjudication in this writ petition, accordingly, the present petition stands closed. However, the petitioner shall be at liberty to approach this Court or any other forum available to that effect, if they are aggrieved by the action of the authorities, including the

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issue raised in the present writ petition.

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8. Copy of the minutes of meeting dated 14.05.2025, be kept on record.

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JUDGE

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Comparing Assistant

Abdul Jabbar v. the State of Assam

Case brief

What is this about?

What did the court decide?

Abdul Jabbar v. the State of Assam

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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