Dibakar Boro Vs the State of Assam and 4 Ors.

THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY SPECIAL COMMISSIONER AND SPECIAL SECRETARY TO THE GOVERNMENT OF ASSAM, PUBLIC WORKS BUILDING AND NATIONAL HIGHWAY DEPARTMENT, B- BLOCK, GROUND FLOOR, JANATA BHAWAN, DISPUR, GUWAHATI-781006, ASSAM

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2:DISTRICT LEVEL LAND PURCHASE COMMITTEE SONITPUR REPRESENTED BY ITS MEMBER SECRETARY ADDITIONAL DISTRICT COMMISSIONER TEZPUR SONITPUR ASSAM PIN-784001

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3:ADDITIONAL DISTRICT COMMISSIONER CUM CHAIRMAN DISTRICT LEVEL LAND PURCHASE COMMITTEE SONITPUR TEZPUR ASSAM PIN-784001

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4:THE CIRCLE OFFICER DHEKIAJULI REVENUE CIRCLE P.O.-DHEKIAJULI PIN-784110

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5:EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT P.O.- TEZPUR DIST- SONITPUR ASSAM PIN-78400

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Advocate for the Petitioner : MR. S C BISWAS, MR. P S BISWAS,MS. S. CHANDA,MR. A K DAS,MS A BORAH,MS. U NANDA,MS A DAS

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Advocate for the Respondent : SC, PWD, SC, REVENUE,GA, ASSAM

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BEFORE

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THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R

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03.03.2025

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Heard Mr. S.C. Biswas, learned counsel for the petitioner; Mr. B. Choudhury, learned Standing Counsel, Public Works Department for the respondent nos. 1 & 5; and Mr. J. Handique, learned Junior Government Advocate, Assam for the respondent nos. 2, 3 & 4.

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The petitioner has claimed that he is owner of plots of lands, covered by Dag no. 60 of Periodic Patta no. 97 and Dag No. 76 of Periodic Patta No. 29, situated at Gormara Pathar, Dhekiajuli Revenue Circle, District – Sonitpur. It is the case of the petitioner that the respondent authorities have initiated a process of land acquisition vide L.A. Case no. 03 of 2023 for the purpose of acquiring lands for the project of a road from Kankata to Ghoirali in the district of Sonitpur under the Asom Mala Project, by adhering to procedure prescribed under the scheme, ‘Land acquisition through Direct Purchase by way of negotiated settlement for all Departments in the State of Assam’, as notified by a Notification no. RLA.177/2021/3 dated 07.03.2022 issued by the Revenue & Disaster Management [L.R.] Department, Government of Assam and published in the Assam Gazette on 11.03.2022.

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According to the petitioner, in the process of acquisition, he has been informed that out of 13 Bigha 0 Katha 15 Lecha Ejmali Land 0 Bigha 0 Katha 15 Lecha value has been fixed at Rs. 86,250/- and in another case where out of 17 Bigha 3 Katha 5 Lecha Periodic Patta Land under Gormara Dag No. 76 Periodic Patta No. 29, 1 Bigha 2 Katha 2 Lecha, however, the amount offered by the Government is extremely low.

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Accordingly, the petitioner had submitted a representation before the District Commissioner, Sonitpur on 29.08.2024, who is also the Chairman of the District Level Land Purchase Committee [DLLPC] highlighting their grievances regarding improper assessment and inadequate compensation amounts.

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In the writ petition, the petitioner has inter-alia contended that the proper and prevailing market value of the lands proposed to be acquired has not been taken and as a result, the proposed amount of compensation is an amount which, according to the petitioners, is inadequate.

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The petitioner had been served with a notice on 21.12.2024 by the respondent no. 4 asking the petitioners to submit a number of documents mentioned therein in connection with the compensation to be paid against the acquisition of his land.

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Mr. Biswas, learned counsel for the petitioner submits that the petitioner is agreeable to the process of acquisition of his land by Direct Purchase method provided the procedures laid down in the Notification dated 07.03.2022 for assessment of just compensation are strictly followed and their representation is considered after giving opportunity of hearing to the petitioner.

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The court has given anxious consideration to the submissions made by the learned counsel for the parties.

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By the Notification bearing no. RLA.177/2021/3 dated 07.03.2022 the State Government has framed a scheme, namely, ‘Land acquisition through Direct Purchase by way of negotiated settlement for all Departments in the State of Assam’ [‘the Direct

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Purchase Scheme’, for short]. As per the Scheme, annexed to the Notification as Annexure-1, the Direct Purchase Scheme has been framed to fast track and simplify the process of land procurement with provision of opportunity to the land-losers to negotiate on the cost of their land they would be paid and the Direct Purchase Scheme has been framed with the exception that the same would result in lesser litigation from the landowners.

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The steps and features of the Direct Purchase method have been delineated in Clause 3 of the Notification in the following manner :-

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[3] Steps and features of Direct Purchase procedure :

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[i] Step 1 : The Requiring Department shall finalize the minimum extent of land required for the public purpose and submit requisition to the concerned Deputy Commissioner/Collector in Form-A

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[ii] Step 2: A District Level Land Purchase Committee [DLLPC] under the chairmanship of the Deputy Commissioner is to be constituted for direct purchase of land as well as fixation of market value etc. The DLLPC will comprise of the following persons:

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Deputy Commissioner……………………………………….Chairman

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Additional Deputy Commissioner [Revenue]…Member Secretary

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Representative of the Requisitioning Deptt………… Member

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Revenue Circle Officer………………………………….……Member

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Sub-Registrar…………………………………………………...Member

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Representative of the other concerned assessing Department....... Member

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[ii] Step 3: Concerned Revenue Circle Officer and the representative of the Requisitioning Deptt. will conduct joint inspection of the requisite land. The area of land and immovable properties attached to it will be measured and mapped.

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[iv] Step 4: General Notice will be issued by the District Level Land Purchase Committee [DLLPC] to the land owners regarding proposed purchase of the land.

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[v] Step 5: A list may be prepared for those land owners who may agree to sell the land after ascertaining the actual owner of the land, if necessary, by conducting field

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enquiry. Willingness of the land owners shall be obtained in writing in Form-B. [vi] Step 6: The list shall be published inviting objections, if any, regarding interest and ownership of the land, etc. For receiving objections from the land owners, a waiting period of 1 [one] month shall be given.

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[vii] Step 7: DLLPC will prepare the valuation of land and assets. The Requiring Department may also define a few typical immovable assets of different categories and fix the guidance price through appropriate authority. This price of the assets attached to the land may be calculated on pro-rata basis on typical immovable assets mentioned above.

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[viii] Step 8: The valuation of the land and assets, if any thereon, the particulars of the land, name of owners, etc. shall be prepared.

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[ix] Step 9: The Direct Purchase price shall be higher on the compensation calculated as per provisions of Section 26 to 30 & First Schedule of the RFCTLARR Act. 2013 with multiplier of market rate of land defined through the Govt. Notification No.RLA.300/2013/Pt-11/7dated 22/12/2014. The resettlement & rehabilitation benefit shall be deemed included in it.

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[x] Step 10: On completion of the statutory waiting period specified in step 6, the DLLPC will inform the respective land owners, who are interested or not raising any objections for negotiation.

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[xi] Step 11: Pre-informed negotiation[s] with the respective land owners will be carried out by DLLPC.

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[xii] Step 12: The settlement reached in the negotiation shall be recorded as Agreement through Form-C and Form-D for land owners and for interested persons other than the land owners, if any, respectively. An undertaking [in Form-B] may be signed by the land owners declaring that they will not claim for payment of higher compensation in any court of law or any other forum and shall abide by the sale agreement finalized in the DLLPC. The land owners and other interested persons have to provide their electronic transfer details through electronic transfer Mandate Form.

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[xiii] Step 13: The District Collector / Deputy Commissioner may requisition necessary funds from the Requiring Department.

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[xiv] Step 14: The Deputy Commissioner/District Collector shall make an award according to the terms of such agreement. Possession of the land is taken through paying the negotiated price directly to the land owners or persons interested other than the land owners, if any, through electronic transfer to their respective bank accounts.

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[xv] Step 15: The list of the willing rightful land owners so prepared may be communicated to the concerned Sub-Registry office for registration of Conveyance Deed. The Stamp duty in the Indian Stamp Act, 1899 will be exempted in respect of instrument executed by or on behalf of, or in favour of Government.

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[xvi] Step 16: The concerned Deputy Commissioner will transfer the land in favour of the Requiring Department and make necessary changes/corrections in the land records.

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[xvii] Step 17: In the event of any owner refusing to sell the land or any of the owners having objected or not interested with the direct purchase through negotiation, the respective land may be acquired through land acquisition process of the RFCTLARR Act, 2013 and the rules framed thereunder.

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It is stated at the bar that certain amendments to the Direct Purchase Scheme, notified vide the Notification dated 07.03.2022, have been carried out by a subsequent Notification no. RLA.231013/37 dated 23.08.2023.

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As per Step 12, the settlement reached in the negotiation shall be recorded as Agreement through Form-B and Form-C for land owners and for interested persons other than land owners, if any, respectively. An undertaking is to be signed by the land owners declaring that they will not claim for payment of higher compensation in any court of law or any other forum and shall abide by the sale agreement finalized by the DLLPC. The land owners and other interested persons have to provide their electronic transfer details through electronic transfer mode. As per Step 17, in the event of any

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owner refusing to sell the land or any of the owners has objected or not interested with the direct purchase through negotiation, the respective land may be acquired through land acquisition process of Assam Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2015.

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The learned counsel for the official respondents have submitted that since a projection is made by the petitioners that they are, at present, not agreeable with the offered rate/amount of compensation and the representation submitted by the petitioner before the respondent no. 3 on 29.08.2024 is pending, the writ petition can be disposed of directing the DLLPC to hold a round of pre-informed negotiation with the petitioner, if they are landowners whose lands are proposed for acquisition in terms of the procedure laid down in the Notification dated 07.03.2022 after giving personal hearing to the petitioner.

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Mr. Biswas, learned counsel for the petitioner has agreed to the said submission of the learned counsel for the official respondents.

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In view of the broad consensus arrived at by the parties, in the afore-stated manner, this Court is of the considered view that since from the notice served upon the petitioner, it emerges prima facie that the lands belonging to the petitioner or under occupation of the petitioner are proposed to be acquired; the petitioner, at present, are not agreeable to the offered rate/amount of compensation; and a representation submitted by the petitioner before the respondent no. 3 on 29.08.2024 is pending, this writ petition can be disposed of with a direction to the respondent no. 2 to take the representation of the petitioner immediately on board to consider the same, after giving the petitioners a personal hearing to state their case on the aspect of compensation and thereafter, to dispose of the representation by passing a reasoned order. It is accordingly ordered. It is also observed that since the Direct Purchase Scheme is based on mutual agreement and the vesting of land is dependent on execution of agreement, the decision taken on the representation of the petitioners shall be communicated to the petitioner immediately thereafter. The entire process

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shall be completed as expeditiously as possible within an outer limit of 6 [six] weeks from the date of receipt of a certified copy of this order along with the copy of the writ petition and annexures by the petitioner at the office of the respondent no. 2. In the event the petitioner is aggrieved with the decision so taken, the petitioner would be at liberty to take resort to appropriate remedy in accordance with law.

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With the observations made and the direction given above, the writ petition is disposed of. There shall, however, be no order as to cost.

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JUDGE

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Comparing Assistant

Dibakar Boro v. the State of Assam and 4 Ors.

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Dibakar Boro v. the State of Assam and 4 Ors.

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