Disposed

Jitendra Nath Sarma and Anr. v. the State of Assam and 3 Ors.

Gauhati HC3 May 2026WP(C)/1105/2026

Case brief

AI extract

What is this about?

Petitioners, co-pattadars of land acquired in 2018 for a new LGBI Airport terminal, sought release of their assessed compensation. Respondents cited election Model Code of Conduct delay. The Court directed respondents to complete disbursement within three weeks and disposed of the writ petition.

What did the court decide?

Respondents directed to disburse compensation to petitioners within three weeks from receipt of certified copy of order.

Jitendra Nath Sarma and Anr. Vs the State of Assam and 3 Ors. — Land Acquisition | Gauhati HC (2026)

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GAHC010033172026

2026:GAU-AS:6031

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

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Case No. : WP(C)/1105/2026

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JITENDRA NATH SARMA AND ANR

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SON OF LATE CHANDRA NATH SARMA,RESIDENT OF APARTMENT NO.401, RIANSHI WOOD APARTMENT, LAKHIMI PATH,HATIGAON, DISPUR, GUWAHATI,PIN-781038, DISTRICT- KAMRUP (M), ASSAM

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2: INDU DEVI W/O- LATE CHANDRA NATH SARMA RESIDENT OF APARTMENT NO. 4501 RIANSHI WOOD APARTMENT LAKHIMI PATH HATIGAON DISPUR GUWAHATI PIN- 781038 DISTRICT- KAMRUP (M) ASSAM BOTH HEREIN REPRESENTED BY THE ATTORNEY HOLDER NAMELY SUBIMAL CHAKRABORTY S/O- SHIVA PRASAD CHAKRABORTY AGE ABOUT 37 YEARS R/O- CHENIKUTHI HILL SIDE K.K. PATH THIRD EYE LANE GUWAHATI- 781001 KAMRUP (M) ASSA VERSUS

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THE STATE OF ASSAM AND 3 ORS

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REPRESENTED BY THE COMMISSIONER AND SECRETARY, REVENUE ANND DISASTER MANAGEMENT DEPARTMENT, ADDRESS- F BLOCK,. 1ST FLOOR, ASSAM SECRETARIAT (CIVIL), DISPUR,, GUWAHATI, PIN- 781006,,

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Page No.# 2/5

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DISTRICT- KAMRUP (M), ASSAM

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2:THE DISTRICT MAGISTRATE AND COLLECTOR ADDRESS- OFFICE OF THE DISTRICT COMMISSIONER LICHUBAGAN HENGERABARI PIN- 781036 KAMRUP (METRO) GUWAHATI ASSAM 3:THE ADDITIONAL DISTRICT COMMISSIONER (LANND ACQUISITION OFFICER) ADDRESS- OFFICE OF THE DISTRICT COMMISSIONER LICHUBAGAN HENGERABARI PIN- 781036 KAMRUP (METRO) GUWAHATI ASSAM 4:THE CIRCLE OFFICER AZARA REVENUE CIRCLE ADDRESS- OFFICE OF THE CIRCLE OFFICER MIKIRPARA CHAKARDOI PIN- 781017 KAMRUP (METRO) ASSA

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Advocate for the Petitioner : MR. S CHAMARIA, MR M M ZAMAN,MR R AKHTAR,MR N M DEKA

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Advocate for the Respondent : GA, ASSAM, SC, REVENUE AND DISASTER MANAGEMENT DEPT

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BEFORE HONOURABLE MR. JUSTICE KARDAK ETE

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ORDER

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Date : 04-05-2026

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Heard Mr. S. Chamaria, learned counsel for the petitioners. Also heard Ms.

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Page No.# 3/5

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P. R. Mahanta, learned Standing Counsel, Revenue Department for the respondent No. 1 and Mr. J. Handique, learned Government Advocate for the respondent Nos. 2 to 4.

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2. This writ petition has been filed praying for a direction to the respondent authorities to release the compensation amount for disbursement to the petitioners, as per their share, in respect of the land of the petitioners acquired for setting up of a New Terminal Building for development of LGBI Airport under Azara Revenue Circle in village Garal under Ramcharani Mouza, in LA Case No. 02/2018.

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3. The case of the petitioners, in a nutshell, is that they are the lawful copattadars and recorded landowners of land covered by Dag No. 1086, Patta No. 457, measuring 3 Kathas 19 Lessas and Dag No. 1090, Patta No. 457 measuring 1 Bigha 2 Kathas 3 Lessas, located at village Garal under Azara Revenue Circle in the district of Kamrup (Metro), Assam. The said land was acquired by the Government of Assam in the year 2018 for construction of a New Terminal Building for development of LGBI Airport in LA Case No. 02/2018.

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4. After completion of the proceedings, the Circle Officer, Azara Revenue Circle, prepared the Share Report and assessed the compensation in respect of the said land. Pursuant to the aforesaid acquisition for the project, compensation in respect of adjacent lands acquired for the same project was disbursed to the respective pattadars and landowners. However, as the petitioners were residing abroad, they could not receive any notice of such acquisition. It was only upon visiting the State that they came to know of the acquisition, whereupon, without any delay, they approached the Circle Officer, Azara Revenue Circle, who confirmed the acquisition of the petitioners’ land.

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The Circle Officer, vide official communication dated 07.01.2026, forwarded the entire records for necessary action for payment of compensation.

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5. Mr. S. Chamaria, learned counsel for the petitioners, submits that despite several approaches, the respondent authorities have failed to disburse the compensation amount to the petitioners, although there is no impediment to such disbursement, as the acquisition of the petitioners’ land and their entitlement to compensation are not in dispute. He, therefore, prays for a direction to the respondent authorities to disburse the compensation amount to the petitioners forthwith.

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6. Mr. J. Handique, learned Government Advocate for respondent Nos. 2, 3 and 4, on instructions, submits that necessary steps are being taken for disbursement of the compensation amount to the petitioners; however, on account of the Model Code of Conduct imposed due to the ongoing State Legislative Assembly election, there has been some delay. He further submits that the process shall be completed within a period of 1 (one) month.

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7. I have considered the submissions of the learned counsel for the parties and perused the materials available on record.

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8. Admittedly, the land of the petitioners, covered by Dag No. 1086, Patta No. 457, measuring 3 Kathas 19 Lessas and Dag No. 1090, Patta No. 457 measuring 1 Bigha 2 Kathas 3 Lessas, located at village Garal under Azara Revenue Circle in the district of Kamrup (Metro), Assam, was acquired for construction of a terminal building for development of LGBI Airport in LA Case No. 02/2018. The Circle Officer has forwarded the relevant records, including the assessment, wherein the names of the petitioners are duly reflected.

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9. This Court had taken note of the instruction placed by the learned counsel for the respondent authorities to the effect that steps are being taken, but on account of the announcement of the Model Code of Conduct and the ongoing election to the State Legislative Assembly of Assam, there had been some delay, but in all likelihood, the compensation would be paid to the petitioners on or before 24.04.2026. Thus, there appears to be no impediment to disburse the compensation amount to the petitioners for acquisition of the aforesaid lands.

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10. Having considered that the petitioners are the co-pattadars and the landowners in respect of the aforesaid land, which has already been acquired for construction of a New Terminal Building of LGBI Airport and the compensation having been assessed, as well as considering that the respondent authorities have been taking steps for payment/disbursement of the compensation amount to the petitioners but for the Model Code of Conduct, the same remains delayed, I am of the considered view that the respondent authorities deserve to be directed to expedite the process for disbursement of the compensation amount to the petitioners.

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11. Accordingly, it is directed that the respondent authorities shall complete the process for disbursement of the compensation amount in respect of the aforesaid lands of the petitioners and disburse the same to the petitioners within a period of 3 (three) weeks from the date of receipt of the certified copy of this order.

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12. The writ petition stands disposed of in terms above.

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JUDGE

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Comparing Assistant

Jitendra Nath Sarma and Anr. v. the State of Assam and 3 Ors.

Case brief

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Jitendra Nath Sarma and Anr. v. the State of Assam and 3 Ors.

Case brief

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