Page No.# 1/6 GAHC010071222019 2025:GAU-AS:12176 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2206/2019 PRADIP SARMA AND 2 ORS. S/O.- LATE SATISH SHARMA, R/O. VILL.- PUB SAHAN, RANGIA, DIST.- KAMRUP(R), ASSAM. PIN- 781354. 2: ON DEATH OF ANUP SARMA HIS LEGAL HEIRS 2.1: SMTI. KAMINI DEVI W/O- LATE ANUP SARMA R/O VILL.- PUB-SAHAN P.O. AND P.S.- RANGIA KAMRUP. 2.2: SRI JITUL SARMA S/O- LATE ANUP SARMA R/O. VILL.- PUB SAHAN PO AND PS-RANGIA DIST.- KAMRUP(R) ASSAM. 3: PRABIN SARMA S/O.- LATE SATISH SHARMA R/O. VILL.- PUB SAHAN RANGIA DIST.- KAMRUP(R) ASSAM. PIN- 781354 VERSUS UNION OF INDIA AND 5 ORS. REP. BY THE SECRETARY TO GOVT. OF INDIA, MINISTRY OF DEFENSE, SOUTH BLOCK, NEW DELHI-II Page No.# 2/6 2:THE DEFENSE ESTATE OFFICER TEZPUR CIRCLE GOLE PARK ROAD TEZPUR PIN- 784001 ASSAM. 3:THE COMMANDING OFFICER STATION HEAD QUARTER RANGIA ASSAM PIN- 781354. 4:THE COLLECTOR KAMRUP (R) AMINGAON ASSAM PIN- 781031. 5:THE SDO (C) RANGIA DIST.- KAMRUP ASSAM PIN- 781354. 6:THE CIRCLE OFFICER RANGIA REVENUE CIRCLE RANGIA KAMRUP ASSAM PIN- 781354 Advocate for the Petitioner : MR. S K BARKATAKI, MS. B SHARMA,MR. D K NATH Advocate for the Respondent : ASSTT.S.G.I., MR. B SARMA (CENTRAL GOVT. COUNSEL, R- 1,2,3),MS. M BHATTACHARJEE (GA, ASSAM, 4,5,6) Page No.# 3/6 :::BEFORE::: HON’BLE MR. JUSTICE KARDAK ETE JUDGMENT (ORAL) 08.09.2025 Heard Mr. D. K. Nath, learned counsel for the petitioners. Also heard Mr. B. Sharma, learned Central Government Counsel for respondent Nos. 1, 2 & 3; and Mr. B. J. Talukdar, learned Additional Senior Government Advocate for the State respondent Nos. 4, 5 & 6. 2. By filing this writ petition, the petitioners have prayed for a direction for acquisition of the land and to pay compensation to the petitioners and if not to return the land to the petitioners measuring 1 Bigha 1 Katha 6 Lecha, Dag No. 413, 414 and 443 covered by KP Patta No. 12 at Village Sahan, Pub Borigog Mouza, Rangia Revenue Circle in the District of Kamrup(R), Assam. 3. Briefly put, the petitioners claim that after Chinese aggression in 1962, some areas of land situated at villages Sahan, Nakul and Chepti under Rangia Revenue Circle were occupied by the Ministry of Defense and are in possession of the Indian Army on payment of rent to the land owners. According to the petitioners, out of the total land, a part of the plot of land measuring 1 Bigha 10 Lecha in Dag No. 443 and 4 Katha 12 Lecha at Dag No. 413 and 414 covered by KP Patta No. 12 also came under the occupation and possession of the Indian Army. The petitioners were paid the rental of the other land, however, the land in question have neither been acquired nor the compensation been paid to the petitioners. Page No.# 4/6 4. It is the contention of the petitioners that all other lands except for the land in question, no acquisition was undertaken nor paid any rental, although the land remains under the occupation of the Indian Army. The petitioners have approached the respondent authorities by filing representation, including legal notice dated 11.03.2016, for acquisition of the land in question if it is required by the Indian Army and pay compensation or else to return the land to the petitioners. 5. Mr. B. Sharma, learned Central Government Counsel for respondent Nos. 1, 2 & 3, referring to the affidavit filed by the respondent, submits that as per the record, an area measuring 1 Bigha 10 Lecha under Dag No. 443 was under the occupation of the Indian Army on hire basis from 1963 to 1997, for which a lease agreement was lastly executed on 08.09.1994 between one Smti Sampa Priya Devi and the Defence Estate Officer, Tezpur for Dag No. 441 and 443 w.e.f. 01.01.1993 for the period of 5 (five) years till 31.12.1997 with an option to the lessee to renew the lease for further terms. However, the lease agreement was not renewed beyond 31.12.1997. He submits that the total land on hire was verified in the year 2000 by the representative of Circle Office Rangia and Defence Estate Officer, Tezpur and as per the report, the Dag No. 443 was not under the possession of the Indian Army. Therefore, no rental was paid for the said land since 1998. 6. He further submits that as per record, initially in the year 1970, the Ministry of Defence had acquired an area measuring 72.866 acres of land in villages Nakul, Sahan and Chepti for a part of Dag No. 413 (i.e. 413 Kha) measuring 1 Bigha 3 Katha 5 Lecha and also a part of Dag No. 414 (i.e. 414 Kha) measuring 1 Bigha 2 Katha 5 Lecha. The acquired lands were duly mutated Page No.# 5/6 in the name of the Ministry of Defence and renumbered as Dag Nos. 651 and 652. However, the balance area of Dag No. 413 (Old Dag No. 413 Ka) and 414 (Old Dag No. 414 Ka) were neither acquired nor hired and were also not reflected in the Circle Officer’s 2000 report of 37.371 acres of hired land. 7. Mr. Sharma, learned Central Government Counsel, submits that the report of the SDO(C) referred to the field verification concerned Lat Mandal, however, SDO(C), Rangia did not clarify whether such verification was carried out in presence of all the stakeholders. Therefore, he submits that direction may be issued to the local revenue officials to conduct a joint survey with all the stakeholders to ascertain the factual occupation of the land on ground. 8. Mr. D. K. Nath, learned counsel for the petitioners, fairly submits that as the respondents are ready to have the joint survey/verification of the land involving all the stakeholders, including the petitioners, he would not have any objection for such joint survey or verification. 9. Having considered the submissions of learned counsel for the parties and the stand taken by the respondents, particularly the desirous of conducting a joint survey involving all the stakeholders, including the petitioners, and also considering that the claim and counterclaim of acquisition and payment of compensation thereof, I am of the considered view that the proposal to conduct joint survey would be an appropriate course of action in view of the nature of the issue involved in this proceedings. 9. Accordingly, this writ petition is disposed of with a direction to respondent authorities, particularly the respondent No. 4, the Collector-cum-District Commissioner, Kamrup, Amingaon, to conduct a joint survey of the land in Page No.# 6/6 question involving of all stakeholders, including the petitioners, to ascertain the factual occupation of the land by the Indian Army and to pass appropriate and consequential orders. It is accordingly ordered. The exercise, so directed to be carried out hereinabove, shall be done within a period of 4 (four) months from today. 10. Writ petition stands disposed of. JUDGE Comparing Assistant