Page No.# 1/4 GAHC010239532024 2025:GAU-AS:2302 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6168/2024 MOZIBAR RAHMAN S/O LT. ALAL UDDIN SK, R/O VILL- KUMARDIHI PART-II, P.O.-BILASIPARA, P.S.-BILASIPARA, DIST- DHUBRI (ASSAM), PIN-783348 VERSUS THE STATE OF ASSAM AND 7 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY, GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPT., DISPUR, GHY-06 2:THE DEPUTY COMMISSIONER DHUBRI ASSAM 3:THE COMPETENT AUTHORITY FOR LAND ACQUISITION (CALA) CUM (ADC) DHUBRI DISTRICT ASSAM 4:THE UNION OF INDIA REPRESENTED BY THE MINISTRY OF RAILWAY DEPARTMENT NEW DELHI-1 5:THE NF RAILWAY REPRESENTED BY THE GENERAL MANAGER NF RAILWAY MALIGAON P.O.-MALIGAON DIST- KAMRUP (M) ASSAM GHY-11 Page No.# 2/4 6:THE SUB DIVISIONAL OFFICER CIVIL BILASIPARA P.O. AND P.S.-BILASIPARA DIST- DHUBRI ASSAM PIN-783348 7:THE CIRCLE OFFICER CUM ASSISTANT SETTLEMENT OFFICER BILASIPARA REVENUE CIRCLE BILASIPARA P.O. AND P.S.-BILASIPARA DIST- DHUBRI ASSAM PIN-783348 8:ABDUS SALAM S/O LT. ALAL UDDIN SK VILL- KAMARDIHI PT-II P.O.-TILAPARA P.S.-CHAPAR DIST- DHUBRI (ASSAM) PIN-78337 Advocate for the Petitioner : MR. M U MONDAL, A A AHMED,MD. I H KHAN,MR. A W MONDAL,MR A ALIM SK,MR K ISLAM Advocate for the Respondent : SC, REVENUE, MRS. R DEVI (R-C.G.C( R-4,5)),MR. A WAHAB (R-8),MS. A KAUSHAR(R-8),MR S ISLAM(R-8),MR. A U CHOUDHURY (R-8),MR. A U CHOUDHURY,GA, ASSAM,DY.S.G.I. BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 05-03-2025 1. Heard Mr. M. U. Mondal, learned counsel for the petitioner and Ms. P.R.Mahanta, learned Standing counsel, Revenue and Disaster Management Department for the respondent No. 1. Also heard Ms. S. Konwar, learned Junior Government Advocate, Assam for the respondent Nos. 2, 3, 6 & 7 and Ms. R. Devi, learned CGC for the respondent Nos. 4 & 5.None appears for the respondent No.8 though the name of Page No.# 3/4 counsel for him has been reflected in the cause list. 2. A plot of land measuring 1 Katha 5 Lessas out of 3 Katha 19 Lessas, covered by Patta No. 122 & Dag No. 115 in Village-Hakama Part-II (Town) [‘the subject-plot’, in short] has been acquired by the respondent authorities for construction of ROB No. 312A over railway track at Railway Km 198/8-9 and connecting Road of National Highway 31 at Beltuli, Bilasipara. 3. As per the revenue records, the subject-plot belonged to the petitioner, as reported by the Circle Officer, Bilasipara Revenue Circle. After assessment, an award i.e., Award No. 64 has been passed by the Land Acquisition Officer purportedly following the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-Settlement Act, 2013. As per the Award, an amount of Rs. 5,20,04,294/- has been sanctioned for disbursement to the petitioner. At that stage, one Abdus Salam (respondent No. 8) had submitted an objection petition not to disburse the awarded amount to the petitioner. 4. Ms. Konwar, learned Junior Government Advocate, Assam, on the basis of the instructions received vide a Communication bearing No. DRA.1/2005/WPC-6168-24/2 dated 07.01.2025 from the Competent Authority Land Acquisition, Dhubri, has submitted that on the basis of the objection filed by the respondent No. 8, a date for re-survey over the acquired land was fixed on 08.01.2025 for ascertaining the actual portion of acquired land and to re-assess the valuation of the house building submitted by the PW(B) Department and to submit a report accordingly. 5. When the matter was taken up today, Ms. Konwar, learned Junior Government Advocate, Assam, on instruction, submits that re-assessment has already been made and values of land, house building and agricultural land are determined as Rs.21,84,000, Rs. 3,33,69,720/- & Rs. 34182/- respectively, in total Rs. 35587902/-. She also submits that the authorities will now pay the compensation to the interested party in whose name the award is passed. Page No.# 4/4 6. A copy of the re-assessment report be furnished to Mr. Mondal, learned counsel for the petitioner. 7. Mr. Mondal, learned counsel for the petitioner submits that in view of such determination, the matter may be closed and the Collector be asked to do the needful. 8. Accordingly, it is provided that the aforesaid amount be paid to the person in whose name the award stands as per the provisions of the Act, 2013 within a period of 3 (three) weeks from the date of receipt of the certified copy of this order. 9. Accordingly, this writ petition stands disposed of to the extent as indicated hereinabove. JUDGE Comparing Assistant