Dismissed

Pradip Sharma and 3 Ors. v. the Union of India and 6 Ors.

Gauhati HC4 Jun 2025WP(C)/202/2021

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition seeking restoration of land records claiming mutation in favor of a school was a mistake. The Court held that the petitioners failed to avail remedies under the Land Acquisition Act within a reasonable time after the award was passed.

What the court decided

AI extract

Pradip Sharma and 3 Ors. Vs the Union of India and 6 Ors. — Land Acquisition | Gauhati HC (2025)

Page No.# 1/6

GAHC010178142020

2025:GAU-AS:7387

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

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Case No. : WP(C)/202/2021

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PRADIP SHARMA AND 3 ORS

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S/O- LT. SATISH SHARMA, R/O- VILL- PUB SAHAN, RANGIA, IN THE DIST. OF KAMRUP (R), ASSAM

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2: ON THE DEATH OF SRI ANUP SHARMA HIS LEGAL HEIRS 2 .1) SMTI. KAMINI DEVI WIFE OF LATE ANUP SHARMA R/O- VILL- PUB SAHAN RANGIA IN THE DIST. OF KAMRUP (R) ASSAM

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2.2: SRI JITUL SARMA SON OF LATE ANUP SHARMA R/O- VILL- PUB SAHAN RANGIA IN THE DIST. OF KAMRUP (R) ASSAM

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3: PRABIN SHARMA

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S/O- LT. SATISH SHARMA R/O- VILL- PUB SAHAN RANGIA IN THE DIST. OF KAMRUP (R) ASSAM

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4: MANOJ SARMA S/O- LT. RAMESH SARMA R/O- VILL- PUB SAHAN RANGIA IN THE DIST. OF KAMRUP (R) ASSA

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VERSUS

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Page No.# 2/6

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THE UNION OF INDIA AND 6 ORS

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REP. BY THE SECY. OF GOVT. OF INDIA, MINISTRY OF DEFENSE, SOUTH BLOCK, NEW DELHI- II

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2:THE DEFENSE ESTATE OFFICER TEZPUR CIRCLE GOLE PARK ROAD TEZPUR PIN- 784001 ASSAM 3:THE COMMANDING OFFICER STATION HEAD QUARTER RANGIA ASSAM PIN- 781354 4:THE COLLECTOR CUM DY. COMMISSIONER KAMRUP (R) AMINGAON ASSAM PIN- 781031 5:THE SDO (C) RANGIA DIST.- KAMRUP ASSAM PIN- 781354 6:THE CIRCLE OFFICER RANGIA REVENUE CIRCLE RANGIA KAMRUP ASSAM PIN- 781354 7:SIDHINATH VIDYAMANDIR HIGH SCHOOL NAKUL RANGIA KAMRUP ASSAM PIN- 781354 REP. BY ITS PRESIDENT AND SECY

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Advocate for the Petitioner : MR. S K BARKATAKI, MS M DAS,MS B SHARMA,MR D K NATH

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Page No.# 3/6

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Advocate for the Respondent : ASSTT.S.G.I., MS D DEVI(r-7),MR. S KAKATI (r-7),MR. B DEKA,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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05.06.2025

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Heard learned counsel for the petitioners. Also heard Mr. B Goswami, learned Additional Advocate General, Assam assisted by Mr. P Kakati, learned counsel for the respondent Nos. 4,5 and 6, Mr. B Deka, learned counsel for the respondent Nos. 1 and 2 and Mr. S Kakati, learned counsel for the respondent No. 7.

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The present writ petition is filed with the following prayers:

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“ It is therefore, prayed before your Lordship to admit the present writ petition, call for the records and issue notice upon the respondents directing to show cause as to why the land measuring 4 Kathas 15 Lechas at Dag No. 130 covered by NP Patta No. 31 at village-Nakul under Pub Borigog Mouza, in the district of Kamrup, Assam shall not be restored in the name of the petitioners, followed by subsequent relief/s if any for the interest of justice.

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And

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Pending disposal of the present writ petition your Lordship is pleased to pass order/s and direction to the respondent authorities not to make any payment to the respondent No. 7 till the disposal of the present writ petition.

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And

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Be pleased to pass any order/s as your Lordship deem fit and proper.

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Page No.# 4/6

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The land described in the prayer is referred hereafter to as ‘subject land’. The aforesaid prayer of the petitioners is based on a claim that the Union of India in Defense Department acquired the aforesaid lands belonging to the petitioners along with other lands at village Sahan under Pub Borigog Mouza of Rangia Revenue Circle under the Land Acquisition Act, 1894.

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According to the petitioners such notification was duly issued in the official Gazette and the subject land was already incorporated in the said land acquisition process.

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Thereafter, the Government of India published a general notice of such acquisition of land in the year 2011. According to the petitioners, in the process of acquisition in the year 2012-2013, different affected persons of the locality were issued notice for submitting necessary documents before the authorities for payment of compensation. However, no such notice was issued to the petitioners against the subject land. Being surprised, the petitioners made an enquiry and learnt that the subject land, has in the meantime been recorded in the name of Secretary of School Board in the place of Late Mahamaya Devi, the predecessor-in-interest of the petitioners.

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It is further contention of the petitioner that the subject land is still under the possession of the Armed Forces and the remaining land is under possession of the school concerned. The petitioners further enquired and obtained a Jamabandi and learnt that a plot of land measuring 4 Bighas 1 Katha 7 Lechas had been mutated in the name of Siddhinath Bidya Mandir High School and another plot of land had been mutated in the name of President, Nakul Buniadi School. It is the contention of the petitioners that the aforesaid two lands under possession of the aforesaid two schools are adjacent to the land of the present petitioners and therefore, the petitioners presume that by bona-fide mistake,

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Page No.# 5/6

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the lands of the petitioners had been mutated in the name of the school.

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Accordingly, the petitioners submitted application before the SDO (Civil), Kamrup, Rangia on 03.01.2014 raising the grievance. However, nothing has been done. In the aforesaid backdrop, the petitioners have filed this writ petition and has made the prayer as indicated hereinabove.

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The State has filed an affidavit, wherein a specific stand has been taken that the land was acquired for the Defense Authorities and a notification under Section 4 of Land Acquisition Act, 1894 vide RLA.11/2009/46 dated 18.08.2010 in LA case No. 08/2005 was issued. Thereafter, declaration under Section 6 of Land Acquisition Act, 1894 vide Notification No. RLA.13/2009/38 dated 01.09.2011 was also issued. The requiring authority, thereafter, deposited the money before the collector and compensations were paid to the pattadars including the schools and such process was over way back on 30.12.2013.

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A specific stand has been taken that the land acquired under Dag No. 130 of NK Patta No. 31 was only 4 Kathas 5 Lechas and not 4 Kathas 15 Lechas as claimed by the petitioners. The respondent has also produced the land acquisition notification, the handing over/ taking over certificate of possession etc.

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The respondent Circle Officer has also filed an affidavit-in-opposition. In the affidavit, the Circle Officer ascertained that the land in question were mutated in the name of Siddhinath Bidya Mandir High School against a plot of land measuring 3 Bighas 0 Katha 17 Lechas covered by Dag No. 129 NK Patta No. 31 and area of land measuring 1 Katha 6 Lechas covered by Dag No. 130 of NK Patta No. 31 was mutated in the name of President, Nakul Buniyadi School.

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Mr. B Goswami, learned Additional Advocate General has also produced the

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Page No.# 6/6

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land records showing the registered pattadars, which goes to show that the lands were recorded in the name of Nakul Buniyadi School way back on 11.01.1971 inasmuch the record further reveals that prior to the aforesaid correction, the land was recorded in the name of Secretary of School Board.

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Thus, it is seen that these lands were recorded in the name of the school way back in the year 1971. The land acquisition was initiated way back in the year 2005. The award was passed in the land acquisition case, more particularly, LA case No. 10/2005/1062 was passed on 18.09.2013 and such award was approved by the State in the Revenue and Disaster Management (LR) Department on 21.09.2013.

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The petitioners have approached the competent authority/ Circle Officer under Land Acquisition Act, 1894 for restoration of the name of the predecessor-in-interest of the petitioners in the record only on 03.01.2014 and by that time, award was already made on 18.09.2013 and same was already approved by the State on 21.09.2013 and therefore, at this stage, the prayer made in this writ petition cannot be entertained inasmuch as the petitioners had failed to avail its remedy under the Land Acquisition Act, 1894 by claiming their rights over the land at the appropriate time.

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Accordingly, the writ petition stands dismissed.

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JUDGE

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Comparing Assistant

Pradip Sharma and 3 Ors. v. the Union of India and 6 Ors.

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Pradip Sharma and 3 Ors. v. the Union of India and 6 Ors.

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