Lalchand Ali and Anr. Vs the State of Assam and 7 Ors. — Land Acquisition | Gauhati HC (2026)

Lalchand Ali and Anr. Vs the State of Assam and 7 Ors. — Land Acquisition | Gauhati HC (2026)

What the court decided

AI extract

Outcome

Writ petitions dismissed on withdrawal with liberty to the petitioners to file individual applications under Section 64 of the Act of 2013 before the jurisdictional Collector within 15 days; the Collector to consider such applications on their own merits and take appropriate action under Section 64.

Issue for consideration

Whether the writ petitions are maintainable in view of the alleged efficacious alternative remedy available to the petitioners under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (raised as a preliminary objection).

Court's answer

The writ petitions stand dismissed on withdrawal, with liberty reserved to the petitioners to file appropriate applications within 15 days before the jurisdictional Collector invoking the provisions of Section 64 of the Act of 2013.

Ratio / Principle

In the event such applications are filed within 15 days, the Collector shall consider them on their own merits and take appropriate action as provided under the provisions of Section 64 of the Act of 2013.

Detailed headnote1 paragraphs

Gauhati High Court (N. Unni Krishnan Nair, J.) — Writ petitions (with linked W.P.(C) Nos. 5613, 5637, 5647 and 5648 of 2025) by landowners of Charuabakhra Jongal Block, Chapar, Dhubri, against the State of Assam, APDCL, PWD (B) and revenue authorities, relating to land acquisition compensation. On the State's preliminary objection that an efficacious alternative remedy lay under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, counsel for the petitioners sought leave to withdraw. Held: petitions dismissed on withdrawal, with liberty to file individual applications under Section 64 before the jurisdictional Collector within 15 days; the Collector directed to consider such applications on their own merits and take appropriate action under Section 64. The Court recorded that petitioners in W.P.(C) Nos. 5637, 5647 and 5648 of 2025 had already filed such applications before the Collector, and that further amounts had been released to them thereafter.

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GAHC010209052025

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

Case No. : WP(C)/5554/2025

SULTAN ALI

S/O- LATE SURMAN ALI, R/O- VILL.- CHARUABAKHRA JONGAL BLOCK, P.O. CHIRAKUTA, P.S. CHAPAR, DIST. DHUBRI, ASSAM

VERSUS

THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, JANATA BHAWAN, ASSAM SECRETARIAT COMPLEX, DISPUR, GUWAHATI-781006.

2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PW DEPARTMENT (B) DISPUR GUWAHATI-781006. 3:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM POWER DEPARTMENT DISPUR GUWAHATI-781006.

4:THE ASSAM POWER DISTRIBUTION COMPANY LTD.

REPRESENTED BY THE CHAIRMAN BIJULI BHAWAN PALTANBAZAR GUWAHATI-1.

5:THE DISTRICT COMMISSIONER DHUBRI

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DIST. DHUBRI ASSAM 6:THE ADDL. DISTRICT COMMISSIONER DHUBRI DIST. DHUBRI ASSAM 7:THE EXECUTIVE ENGINEER PWD (B) DHUBRI DIST. DHUBRI ASSAM 8:THE CIRCLE OFFICER CHAPAR REVENUE CIRCLE CHAPAR DHUBRI ASSA

Advocate for the Petitioner : MR. J AHMED, MS A HUSSAIN,R BEGUM,H G DAISY

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

Linked Case : WP(C)/5647/2025

AMZAD ALI S/O LT. AHMED ALI R/O VILL- CHARUABAKHRA JONGAL BLOCK P.O.- CHIRAKUTA P.S.- CHAPAR DIST- DHUBRI ASSAM

VERSUS

THE STATE OF ASSAM AND 7 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT JANATA BHAWAN (ASSAM SECRETARIAT COMPLEX) DISPUR

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GUWAHATI-781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PW DEPARTMENT (B) DISPUR GUWAHATI-781006 3:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM POWER DEPARTMENT DISPUR GUWAHATI-781006 4:THE ASSAM POWER DISTRIBUTION COMPANY LTD. REPRESENTED BY THE CHAIRMAN BIJULI BHAWAN PALTANBAZAR GUWAHATI-1 5:THE DISTRICT COMMISSIONER DHUBRI DIST- DHUBRI ASSAM PIN6:THE ADDL. DISTRICT COMMISSIONER DHUBRI DIST- DHUBRI ASSAM PIN7:THE EXECUTIVE ENGINEER PWD (B) DHUBRI DIST- DHUBRI ASSAM PIN8:THE CIRCLE OFFICER CHAPAR REVENUE CIRCLE CHAPAR DHUBRI ASSAM PIN-----------Advocate for : MR. J AHMED Advocate for : SC REVENUE appearing for THE STATE OF ASSAM AND 7 ORS.

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Linked Case : WP(C)/5637/2025

SHAHADOT ALI S/O- LATE SURMAN ALI

R/O- VILL- CHARUABAKHRA JONGAL BLOCK P.O- CHIRAKUTA P.S- CHAPAR DIST- DHUBRI ASSAM

VERSUS

THE STATE OF ASSAM AND OTHRS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-781006 DIST- KAMRUP (M)

2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM

PWD DEPARTMENT DISPUR GUWAHATI-781006 DIST- KAMRUP (M) 3:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM POWER DEPARTMENT DISPUR GUWAHATI-781006 DIST- KAMRUP (M) 4:THE ASSAM POWER DISTRIBUTION COMPANY LIMITED REP. BY THE CHAIRMAN BIJULI BHAWAN PALTANBAZAR GUWAHATI-01 5:THE DISTRICT COMMISSIONER DHUBRI ASSAM

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6:THE DISTRICT COMMISSIONER DHUBRI ASSAM 7:THE EXECUTIVE ENGINEER PWD (B) DHUBRI ASSAM 8:THE CIRCLE OFFICER CHAPAR REVENUE CIRCLE DHUBRI ASSAM -----------Advocate for : MR. J AHMED Advocate for : SC REVENUE appearing for THE STATE OF ASSAM AND OTHRS

Linked Case : WP(C)/5648/2025 AZAD ALI S/O LT. JOSHIM UDDIN SHEIKH R/O VILL- CHARUABAKHRA JONGAL BLOCK P.O.- CHIRAKUTA P.S.- CHAPAR DIST- DHUBRI ASSAM VERSUS THE STATE OF ASSAM AND 7 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT JANATA BHAWAN (ASSAM SECRETARIAT COMPLEX) DISPUR GUWAHATI-781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PW DEPARTMENT (B) DISPUR GUWAHATI-781006 3:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM POWER DEPARTMENT

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DISPUR

GUWAHATI-781006

4:THE ASSAM POWER DISTRIBUTION COMPANY LTD. REPRESENTED BY THE CHAIRMAN BIJULI BHAWAN PALTANBAZAR GUWAHATI-1 5:THE DISTRICT COMMISSIONER DHUBRI DIST- DHUBRI ASSAM 6:THE ADDL. DISTRICT COMMISSIONER DHUBRI DIST- DHUBRI ASSAM 7:THE EXECUTIVE ENGINEER PWD (B) DHUBRI DIST- DHUBRI ASSAM 8:THE CIRCLE OFFICER CHAPAR REVENUE CIRCLE CHAPAR DHUBRI ASSAM PIN-----------Advocate for : MR. J AHMED Advocate for : SC REVENUE appearing for THE STATE OF ASSAM AND 7 ORS. Linked Case : WP(C)/5613/2025 LALCHAND ALI AND ANR S/O LT. CHURMAN ALI R/O VILL- CHARUABAKHRA JONGAL BLOCK P.O.- CHIRAKUTA P.S.- CHAPAR DIST- DHUBRI ASSAM

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2: RUPCHAND ALI S/O LT. CHURMAN ALI R/O VILL- CHARUABAKHRA JONGAL BLOCK P.O.- CHIRAKUTA P.S.- CHAPAR DIST- DHUBRI ASSAM VERSUS THE STATE OF ASSAM AND 7 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT JANATA BHAWAN (ASSAM SECRETARIAT COMPLEX) DISPUR GUWAHATI-781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PW DEPARTMENT (B) DISPUR GUWAHATI-781006 3:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM POWER DEPARTMENT DISPUR GUWAHATI-781006 4:THE ASSAM POWER DISTRIBUTION COMPANY LTD. REPRESENTED BY THE CHAIRMAN BIJULI BHAWAN PALTANBAZAR GUWAHATI-1 5:THE DISTRICT COMMISSIONER DHUBRI DIST- DHUBRI ASSAM PIN6:THE ADDL. DISTRICT COMMISSIONER DHUBRI DIST- DHUBRI ASSAM 7:THE EXECUTIVE ENGINEER PWD (B) DHUBRI DIST- DHUBRI

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ASSAM PIN8:THE CIRCLE OFFICER CHAPAR REVENUE CIRCLE CHAPAR DHUBRI ASSAM PIN-----------Advocate for : MR. J AHMED Advocate for : SC REVENUE appearing for THE STATE OF ASSAM AND 7 ORS.

BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 16-03-2026

Heard Mr. J. Ahmed, learned counsel for the writ petitioners. Also heard Ms. M. Barman, learned Govt. Advocate, Assam appearing for the respondent Nos. 3, 5, 6 & 8.

Ms. Barman at the outset has raised a preliminary objection to the effect that the above noted writ petitions would not be maintainable in view of the efficacious alternative remedy available to the petitioner under the provisions of Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short “the Act of 2013”).

Mr. Ahmed, learned counsel for the petitioners submits that the petitioners in W.P. (C) No. 5554/2025 and W.P.(C) No. 5613/2025 have not filed any application in the matter invoking the provision of Section 64 of the said Act of 2013. However, the petitioners in W.P.(C) No. 5637/2025, W.P.(C) No. 5647/2025 and W.P.(C) No. 5648/2025 have already

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filed requisite applications before the jurisdictional Collector. However, the respondent authorities after filing of the said appeal had again released to the petitioners certain further amounts. Accordingly, he prays that a fresh application, in the above noted writ petitions, would also be mandated to be so preferred.

In view of the above, Mr. Ahmed, prays that the above noted writ petitions be permitted to be withdrawn with liberty to the petitioner to approach the jurisdictional Collector by way of filing individual applications under Section 64 of the Act of 2013. Mr. Ahmed further prays that this Court would be pleased to direct the respondent authorities to consider the same on its own merit.

The prayer of the learned counsel for the petitioner is accepted.

The writ petitions stand dismissed on withdrawal, however, with liberty reserved to the petitioners to file appropriate applications within a period of 15 (fifteen) days from today before the jurisdictional Collector, invoking the provisions of Section 64 of the Act of 2013.

In the event of filing of such applications within 15 days from today, the Collector shall consider the same on its own merits and take appropriate action as provided under the provisions of Section 64 of the Act of 2013.

JUDGE

Comparing Assistant