Dismissed

Bismita Malakar and Anr. v. the State of Assam and 5 Ors.

Gauhati HC8 Mar 2026WP(C)/6704/2024

Case brief

AI extract

What is this about?

Petitioners challenged insufficiency of compensation for land acquisition. Having received a copy of the Award during hearing, counsel sought to withdraw the writs and avail the Section 64 reference remedy under the 2013 Act. Petitions dismissed as withdrawn with liberty; limitation to run from the date of order as the Award was undated.

What did the court decide?

Liberty to file reference under Section 64 of the 2013 Act; limitation period to run from 09.03.2026.

Bismita Malakar and Anr. Vs the State of Assam and 5 Ors. — Land Acquisition | Gauhati HC (2026)

Page No.# 1/4

GAHC010262632024

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

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Case No. : WP(C)/6637/2024

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SANJIB KALITA AND 2 ORS.

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S/O LATE HALADHAR KALITA

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RESIDENT OF JAYANAGAR, BELTOLA, PS DISPUR PO KHANAPARA, DIST KAMRUP M ASSAM 781022

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2: SMTI PADUMI KALITA

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W/O LATE HALADHAR KALITA RESIDENT OF JAYANAGAR BELTOLA PS DISPUR PO KHANAPARA DIST KAMRUP M ASSAM 781022

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3: SRI KONGKAN KALITA

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S/O LATE HALADHAR KALITA RESIDENT OF JAYANAGAR BELTOLA PS DISPUR PO KHANAPARA DIST KAMRUP M ASSAM 78102

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VERSUS

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THE STATE OF ASSAM AND 5 ORS.

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DM (LR) DEPARTMENT, DISPUR, GUWAHATI 06

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2:THE JOINT SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DM (LR) DEPARTMENT DISPUR GUWAHATI 06

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3:THE DISTRICT COMMISSIONER

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KAMRUP GUWAHATI 36

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Page No.# 2/4

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4:THE CIRCLE OFFICER SONAPUR REVENUE CIRCLE DIST KAMRUP M ASSAM 782402

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5:THE CHIEF GENERAL MANAGER (PP AND D) ASSAM ELECTRICITY GRID CORPORATION LTD. BIJULI BHAWAN GUWAHATI 781001

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6:THE ASSISTANT GENERAL MANAGER 132 KV EHV GRID SUBSTATION ASSAM ELECTRICITY GRID CORPORATION LTD. KAHILIPARA GUWAHATI 78101

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Advocate for the Petitioner : MR T H HAZARIKA, MR. K ISLAM,MR. D ROY,MR M CHETIA,MR A RASHID

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Advocate for the Respondent : GA, ASSAM, SC, AEGCL,SC, REVENUE

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Linked Case : WP(C)/6704/2024

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BISMITA MALAKAR AND ANR D/O SRI BHAGABAN MALAKAR W/O SRI SANJIB KHALITA RESIDENT OF JAYANAGAR BELTOLA PS DISPUR PO KHANAPARA GUWAHATI ASSAM 2: SRI BHAGABAN MALAKAR S/O LATE HARIKANTA MALAKAR RESIDENT OF BARNARDDI (BARNARDOLI) PS BELSOR PO BELSOR DIST NALBARI ASSAM 781304 VERSUS

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THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DM(LR) DEPARTMENT DISPUR GUWAHATI 06

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2:THE JOINT SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DM(LR) DEPARTMENT DISPUR GUWAHATI 781006

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3:THE DISTRICT COMMISSIONER KAMRUP (M) GUWAHATI 36

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4:THE CIRCLE OFFICER SONAPUR REVENUE CIRCLE DIST. KAMRUP M ASSAM 782402

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5:THE CHIEF GENERAL MANAGER (PP AND D) ASSAM ELECTRICITY GRID CORPORATION LTD. BIJULI BHAWAN GUWAHATI 781001

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6:THE ASSISTANT GENERAL MANAGER 132 KV EHV GRID SUBSTATION

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ASSAM ELECTRICITY GRID CORPORATION LTD. KAHILIPARA GUWAHATI 781019 -----------Advocate for : MR T H HAZARIKA Advocate for : GA

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ASSAM appearing for THE STATE OF ASSAM AND 5 ORS.

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BEFORE

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HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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09.03.2026

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Heard Shri T. H. Hazarika, learned counsel for the petitioners in these two cases. Also heard Shri S. S. Roy, learned State Counsel; Ms. K. Phukan, learned Standing Counsel, AEGCL and Ms. P. R. Mahanta, learned Standing Counsel, Revenue Department.

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The grievance in this two writ petitions is with regard to the insufficiency of the compensation for land acquisition.

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Shri Hazarika, the learned counsel for the petitioners has however informed

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that at the time of filing of the writ petitions, the petitioners were not equipped or furnished with the copy of the Award. However, he has submitted that a copy of the Award handed over to him by the learned State Counsel today. He accordingly submits that since the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 provides for a remedy to make a reference under Section 64 of the same, he would avail the said remedy.

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The learned counsel for the respondents do not object to the said proposition.

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In view of the above, the writ petitions are dismissed on withdrawal however with a liberty to the petitioners to avail the remedy under Section 64 of the Act of 2013.

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At this stage, Shri Hazarika, the learned counsel expresses an apprehension in the aspect of the limitation.

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The aforesaid aspect has been considered. It transpires that the Award does not bear any date.

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Taking into consideration the above and also the fact that the Award has been handed over to the learned counsel for the petitioners today, the limitation period as laid down in Section 64 of the Act of 2013 would run from today.

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JUDGE

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Comparing Assistant

Bismita Malakar and Anr. v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Bismita Malakar and Anr. v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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