Chandan Kumar Roy and Anr. Vs the State of Assam and 4 Ors.

REPRESENTED BY SPECIAL COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT OF ASSAM, PUBLIC WORKS (B AND NH) PUBLIC WORKS BUILDING AND NATIONAL HIGHWAY DEPARTMENT, B-BLOCK, GROUND FLOOR, JANATA BHAWAN, DISPUR, GUWAHATI- 781006.

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2:DISTRICT LEVEL LAND PURCHASE COMMITTEE SONITPUR REPRESENTED BY ITS MEMBER SECRETARY ADDITIONAL DISTRICT COMMISSIONER SONITPUR ASSAM PIN- 781006.

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

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

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5:EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT P.O.- TEZPUR DISTRICT- SONITPUR PIN- 784001

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Advocate for the Petitioner : MR. S C BISWAS, MS. J GHOSH,MS A DAS,MR. A K DAS,MS. U NANDA

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

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 07.03.2025

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Heard Ms. K.L.R. Yanthan, learned counsel for the petitioners; Mr. B. Gogoi, learned Standing Counsel, PWD for the respondent nos. 1 & 5; and Ms. S. Baruah, learned Junior Government Advocate, Assam for the respondent nos. 2, 3, 4 & 5.

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In view of the nature of the issue raised and as agreed to by the learned counsel for the parties, the writ petition is taken up for consideration at the motion stage itself.

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The petitioners have claimed that they are the owners of a plot of land, measuring 4 Bighas 4 Kathas, covered by Dag no. 209 & Periodic Patta no. 209, situate at Village – Garpara, Dhekiajuli Revenue Circle, District – Sonitpur [‘the subject-plot’, for short]. The petitioners have stated 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.

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It is stated that the respondent authorities have initiated the process of land

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acquisition under a scheme, ‘Land acquisition through Direct Purchase by way of negotiated settlement for all Departments in the State of Assam’, initially notified by a Notification no. DASR.80/2020/3 dated 20.01.2021, and subsequently modified by a Notification no. RLA.177/2021/3 dated 07.03.2022, by the Revenue & Disaster Management [L.R.] Department, Government of Assam and published in the Assam Gazette on 22.01.2021; and 11.03.2022 respectively.

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The petitioners have stated that the respondent authorities are proposing to acquire the petitioners’ land measuring 4 Bighas 4 Kathas, which is agricultural land, and for the purpose of payment towards compensation, valuation of land has been fixed at Rs. 1,15,000/- per Bigha. The petitioners have stated that dissatisfied with the quantum of proposed compensation, the petitioners had submitted a representation before the District Commissioner, Sonitpur, who is also the Chairman of the District Level Land Purchase Committee [DLLPC], on 05.09.2024, highlighting their grievance regarding improper assessments and inadequate proposed compensation amount. In the writ petition, the petitioners have inter-alia contended that the proper and prevailing market value of the land 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 petitioners 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 their land, without disclosing the amount assessed towards compensation.

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Ms. Yanthan, learned counsel for the petitioners has submitted that the petitioners are agreeable to the process of acquisition of their land by Direct Purchase method provided the procedure laid down in the Notification dated 07.03.2022 for assessment of just compensation are strictly followed and their representation is considered after giving an opportunity of hearing to the petitioners.

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By the Notification bearing no. RLA.177/2021/3 dated 07.03.2022, the State

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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 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 expectation that the same would result in lesser litigations 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 ommissioner……………………………………….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

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[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 enquiry. Willingness

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of the land owners shall be obtained in writing in Form-B.

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[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

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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.177/2021/3 dated 07.03.2022.

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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 Mandate Form. As per Step 17, in the event of any 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, as laid down in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement [RFCTLARR] Act, 2013.

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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 petitioners before the

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respondent no. 3 on 05.09.2024 is pending, the writ petition can be disposed of directing the DLLPC to hold a round of pre-informed negotiation with the petitioners, if they are willing landowners whose land is proposed for acquisition in terms of the procedure laid down in the Notification dated 07.03.2022, after giving a personal hearing to the petitioners, so that the parties can explore the option of arriving at a mutual agreement.

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Ms. Yanthan, learned counsel for the petitioners 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 dated 21.12.2024, served upon the petitioners, it emerges prima facie that the plot of land belonging to the petitioners or under occupation of the petitioners is proposed to be acquired; the petitioners, at present, are not agreeable to the offered rate/amount of compensation; and a representation submitted by the petitioners before the respondent no. 2 on 05.09.2024 seeking enhanced rate of compensation is pending for consideration; this writ petition can be disposed of with a direction to the respondent no. 2 to take the representation of the petitioners immediately on board to consider the same, after giving the petitioners an opportunity of 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 petitioners immediately thereafter. The entire process shall be completed as expeditiously as possible, but within an outer limit of 6 [six] weeks from the date of receipt of a certified copy of this order and all the supporting documents, as regards their claim, from the petitioners at the office of the respondent no. 2. In the event the petitioners are not agreeable to the decision so taken, the petitioners would be at liberty to convey their decision to the jurisdictional DLLPC/District Commissioner so that either of the parties can 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

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of. There shall, however, be no order as to cost.

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JUDGE

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Comparing Assistant

Chandan Kumar Roy and Anr. v. the State of Assam and 4 Ors.

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Chandan Kumar Roy and Anr. v. the State of Assam and 4 Ors.

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