Legal heirs challenged release of remaining land compensation for acquired land to only one heir. State reported Bakijai proceedings and an offer by that heir to convey his share of land in lieu of compensation; petitioners agreed to accept it and the writ petition was closed.
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GAHC010126622021
2025:GAU-AS:4315
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4145/2021
SUNMAI PHUKAN AND ANR.
W/O- LATE JIBA KANTA GOGOI, R/O- VILL.- BARUA GAON, P.O. KACHUPATHAR VIA KAMARGAON, DIST. GOLAGHAT, ASSAM, PIN- 785619.
2: PREMA KANTA GOGOI S/O- LATE GHANA KANTA GOGOI R/O- VILL.- BARUA GAON P.O. KACHUPATHAR VIA KAMARGAON DIST. GOLAGHAT ASSAM PIN- 785619
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI06.
2:THE DEPUTY COMMISSIONER GOLAGHAT DIST.- GOLAGHAT ASSAM
3:THE ADDITIONAL DEPUTY COMMISSIONER GOLAGHAT DIST.- GOLAGHAT ASSAM
4:THE BRANCH MANAGER ALLAHABAD BANK GOLAGHAT BRANCH DIST.- GOLAGHAT ASSAM
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5:RANJIT GOGOI S/O- LATE GHANA KANTA GOGOI R/O- VILL.- BARUA GAON P.O. KACHUPATHAR VIA KAMARGAON DIST.- GOLAGHAT ASSAM PIN- 785619
Advocate for the Petitioner : MR. P K DEKA, MD. S ALOM,MR. I H LASKAR
Advocate for the Respondent : GA, ASSAM, MR. J K GOSWAMI (r-5),SC, ALLAHABAD BANK,SC, REVENUE
BEFORE
HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
08-04-2025
1. Heard Mr. P.K. Deka, learned counsel for the petitioners and Mr. R. K. Talukdar, learned Standing counsel, NHIDCL for the respondent.
2. The grievance raised in this writ petition is that the petitioners and the private respondent No. 5 are the legal heirs of late Ghana Kanta Gogoi, who owned the plot of land, which was acquired by the State for construction of 4 lane NH No. 36. During the lifetime of late Ghana Kanta Gogoi, he received a sum of Rs. 44,00,000/- as part compensation and before receiving the remaining part of such compensation amounting to Rs. 23,41,640/-, he died on 16.10.2017. After his death, the respondent authorities have most illegally sanctioned and released the said remaining amount of such land compensation solely in favour of the private respondent No. 5 by depriving the present petitioners.
3. In the aforesaid backdrop, the State has filed an affidavit, which goes to show that
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the entire remaining amount was deposited in the account of the respondent No.5, Ranjit Gogoi as he had the possession of the said parcel of land acquired by the State. Thereafter, though the concerned authority issued several notices to the respondent No. 5 seeking return of the money however, the respondent No. 5 did not respond to the said notices and accordingly, Bakijai proceeding has been initiated.
4. Mr. B.J.Talukdar, learned Senior State counsel placed before the Court a copy of the instruction dated 25.07.2024 received from the Circle Officer, Khumtai Revenue Circle, which reflects that the respondent No. 5, Ranjit Gogoi, has offered to provide his share of land and residence to the respondents in lieu of compensate to the present petitioners. However, such instruction further reveals that the petitioners have rejected such offer and no consensus settlement is found.
5. At this stage, Mr. Deka, learned counsel for the petitioners, on instruction submits that the petitioners will accept such proposal of land offered by the respondent No. 5 in lieu of the share of compensation required to be paid to the petitioners.
6. In view of the aforesaid, this writ petition stands closed.
7. It is needless to say that, if the settlement is not arrived or concluded within a period of three months from the date of receipt of this order, Bakijai proceeding shall continue.
8. Copy of the instruction placed before the Court by Mr. Talukdar, learned Standing counsel, NHIDCL, be kept on record.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the remaining land acquisition compensation of the deceased owner could be released solely to one legal heir, depriving other heirs.
Sunmai Phukan
Prema Kanta Gogoi
The State of Assam
The Deputy Commissioner Golaghat
The Additional Deputy Commissioner Golaghat
The Branch Manager Allahabad Bank Golaghat Branch
Arun Dev Choudhury
As recorded by the court registry
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