Subhash Ch Paul and Anr. Vs the Union of India and 7 Ors. — Gauhati HC (2025) — LawSathi Research

Subhash Ch Paul and Anr. Vs the Union of India and 7 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of on consent: respondent authorities permitted to disburse the already-determined land acquisition compensation to the petitioners for 13 lechas and to respondent Nos. 5, 6, 7 and 8 for 36 lechas; parties left at liberty to approach the appropriate forum (Reference under the Assam Land Requisition and Acquisition Act, 1964) for the disputed remaining 15 lechas; interim order(s), if any, vacated.

Issue for consideration

Apportionment of land acquisition compensation in respect of the land covered by Dag No. 59, Village Hakama Pt-II (Town), District Dhubri, Assam (64 lechas in dispute; acquisition of 3 Katha 4 Lechas), between the writ petitioners and respondent Nos. 5, 6, 7 and 8 — in particular the disputed 15 lechas.

Court's answer

On the basis of the parties' agreement and joint affidavit, the writ petition stands disposed of permitting the respondent authorities to disburse the already-determined land acquisition compensation to the petitioners to the extent of 13 lechas.

Ratio / Principle

The respondent Nos. 5, 6, 7 and 8 are to receive the disbursed compensation to the extent of 36 lechas.

Key takeaways

The parties are at liberty to approach the appropriate forum (by way of Reference under the Assam Land Requisition and Acquisition Act, 1964) for determination of apportionment of the remaining 15 lechas of land.ratio¶43
Any interim order passed earlier stands vacated.ratio¶44

Detailed headnote1 paragraphs

Gauhati High Court (Arun Dev Choudhury, J.), WP(C)/3791/2024, order dated 03.11.2025 — Apportionment of land acquisition compensation for land covered by Dag No. 59, Village Hakama Pt-II (Town), District Dhubri, Assam (acquisition of 3 Katha 4 Lechas out of 3 Bigha 1 katha 12 Lechas under LA Case No. 1/2021-2022). The parties, by joint affidavit, agreed that the writ petitioners are entitled to compensation for 13 lechas and respondent Nos. 5, 6, 7 and 8 for 36 lechas; the dispute remained only as regards the remaining 15 lechas. The writ petition was disposed of permitting disbursement of the determined compensation accordingly (13 lechas to the petitioners, 36 lechas to respondent Nos. 5, 6, 7 and 8), with liberty to the parties to approach the appropriate forum under the Assam Land Requisition and Acquisition Act, 1964 by way of Reference for the disputed 15 lechas. Interim order(s), if any, stood vacated.

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GAHC010151372024

2025:GAU-AS:14832

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

Case No. : WP(C)/3791/2024

SUBHASH CH PAUL AND ANR S/O-LATE HARI NARAYAN PAUL

2: SANJIT KUMAR PAUL S/O- LATE JOGESH CH. PAUL

BOTH OF VILLAGE-BILASIPARA WARD NO-9 HAKAMA PART II

P.O AND P.S- BILASIPARA

DIST- DHUBRI ASSAM PIN-78334

VERSUS

THE UNION OF INDIA AND 7 ORS REP. BY THE GENERAL MANAGER (CONSTRUCTION), N.F RAILWAY, MALIGAON, GUWAHATI-11

2:THE DEPUTY CHIEF ENGINEER (CONSTRUCTION-1)

N.F RAILWAY MALIGAON GUWAHATI-11

3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE AND D.M (LR) DEPARTMENT DISPUR GUWAHATI-06

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4:THE DISTRICT COMMISSIONER CUM COLLECTOR DHUBRI ASSAM PIN-783301

5:MD. RAFIUL ISLAM S/O- LATE MOJAMEL HOQUE

6:MD. RAKIBUL ISLAM S/O- LATE MOJAMEL HOQUE

7:MUSSTT . MANJU BEGUM D/O- LATE MOJAMEL HOQUE

8:DAIZY AZAHAR D/O- AZAHARUL ISLAM

ALL OF VILLAGE-HAKAMA PART II

BILASIPARA WARD NO-9 (TOWN)

P.O- HAKAMA P.S- BILASIPARA

DIST- DHUBRI ASSAM PIN-78334

Advocate for the Petitioner : MR. A MANNAF, MD A S ALI,MD J ALOM

Advocate for the Respondent : DY.S.G.I., MR A BHATRA (R-5,6,7,8),MR A DEKA(R-5,6,7,8),N CHAUDHURY(R-5,6,7,8),MR. M DAS(R-5,6,7,8),MR. B D DEKA(R-5,6,7,8),GA, ASSAM,SC, REVENUE

BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

ORDER

03.11.2025

Heard Mr. A. Mannaf, learned counsel for the petitioners. Also heard Mr. B. D.

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Deka, learned counsel for the respondent Nos. 5, 6, 7 and 9.

The dispute raised in this writ petition is as regards apportionment of land acquisition compensation in respect of a land measuring 64 Lechas covered by Dag No. 59 of Village- Hakama Pt-II (Town) in the District of Dhubri, Assam.

Total land acquired was 3 Katha 4 Lechas out of 3 Bigha 1 katha 12 Lechas covered by Dag No. 59 of Village- Hakama under LA Case No. 1/2021-2022.

It is the case of the writ petitioners that the respondent Nos. 5, 6, 7 and 8 are not entitled to the apportionment of compensation in respect of 53 Lechas, however, they are entitled to apportionment of compensation in respect of 36 lechas out of 53 Lechas. On the other hand, as per the respondents, they are entitled to apportionment of compensation for 51 lechas.

Thus, there is no dispute amongst the parties as regards apportionment of compensation for 13 Lechas of land. There is no dispute that the writ petitioners are entitled for apportionment of compensation so far relating to 13 lechas and the respondent Nos. 5, 6, 7 and 8 are entitled for apportionment of compensation in respect of 36 lechas.

The parties have agreed thus, to amicably settle and receive the compensation to the extant indicated above i.e. compensation against 13 lechas for the writ petitioners and the compensation against 36 lecahs for the respondent Nos. 5, 6, 7 and 8.

However, the dispute remains for apportionment of compensation so far it relates to remaining 15 lechas of land and the parties have agreed that for determination of such dispute, they shall approach the appropriate forum under Assam Land Requisition and Acquisition Act, 1964 i.e. by way of Reference.

In view of the aforesaid and taking note of the joint affidavit filed by both the

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parties, the present writ petition stands disposed of permitting the respondent authorities to disburse land acquisition compensation already determined to the petitioners for the land in question to the extent of 13 lechas and to the respondent Nos. 5, 6, 7 and 8 to the extent of 36 lechas.

Parties shall be at liberty to approach the appropriate forum so far the same relates to the determination of apportionment against the remaining land i.e. 15 lechas.

Interim order passed earlier if any, stands vacated.

JUDGE

Comparing Assistant