Page No.# 1/5 GAHC010246412023 2025:GAU-AS:12298 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6360/2023 NAZIMUDDIN AHMED SON OF LATE JUMAR ALI, A RESIDENT OF T.R. PHUKAN ROAD, MACHKHOWA, BHARALUMUKH, P.O. AND P.S.- BHARALUMUKH, PIN- 781009, DISTRICT- KAMRUP(M), ASSAM. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI- 781006, ASSAM. 2:THE DISTRICT COMMISSIONER KAMRUP AMINGAON PIN- 781031. 3:THE ADDITIONAL DISTRICT COMMISSIONER LAND ACQUISITION BRANCH KAMRUP AMINGAON PIN- 781031. 4:THE CIRCLE OFFICER HAJO REVENUE CIRCLE HAJO DISTRICT- KAMRUP ASSAM Page No.# 2/5 PIN- 781102. 5:ATOWAR RAHMAN ALIAS ATAUR RAHMAN SON OF LATE JUMAR ALI A RESIDENT OF VILL. - 2 NO. SARU DAMPUR PIN- 781102 P.O.- DAMPUR P.S.- HAJO DISTRICT- KAMRUP ASSAM Advocate for the Petitioner : MR. S D PURKAYASTHA, MS S.S.BORA,MD A ISLAM Advocate for the Respondent : SC, REVENUE, MR M HAZARIKA (r-5),MR K BHUYAN (r- 5),MR. M U E BHUYAN (r-5),GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 10.09.2025 1. Heard Mr. S.D Purkayastha, learned counsel for the petitioner. Also heard Ms. P.R. Mahanta, learned counsel for the respondent No.1, Mr. H Sarma, learned counsel for respondent Nos.2 to 4 and Mr. K Bhuyan, learned counsel for respondent No.5. 2. With regard to Asom Mala Project, land for “Hajo- Bangshar” Road was acquired under the provisions of the Assam Land (Requisition and Acquisition) Act, 1964 vide General Notice No. KRA-88/2021/12-A Dated 22/12/2021 including the land of Dag No. 120 Patta No. 212 at village Bangshar that is involved in the case and acquisition compensation under the said 1964 Act for 0 Bigha 2 Page No.# 3/5 Kathas 18 Lechas, after the award being passed was considered for payment to the respondent no. 5 - Ataur Rahman. However, the petitioner filed a complaint petition before the District Collector-cum- Deputy Commissioner, Kamrup, Amingaon on 25.08.2023 stating that he being a co-pattadar of the said land of 0 Bigha 2 Kathas 18 Lechas of Dag No. 120, Patta No 212 of village Bangshar, is also entitled for 1/3rd share of said acquisition compensation. The learned District Collector, Kamrup, Amingaon after hearing the petitioner, the respondent no. 5, concerned Latmandal, his report as well as the concerned Gaon Pradhan vide the Speaking Order dated 29.09.2023 sanctioned the compensation amount in favour of the respondent no. 5, who is in possession of said 2 Kathas 18 Lechas of land involved in the case as per its earlier sanctioned order E-File No. 60113/LA16/227/2023-ARA dated 07.06.2023, rejecting the claim of the petitioner. Being aggrieved the petitioner has preferred this writ petition. 3. Taking note of the issue involved, the matter was referred to mediation. The mediation was successful and accordingly the Mediator has submitted a report. 4. In view of the aforesaid, the writ petition stands disposed of in terms of the settlement arrived at in the Gauhati High Court Mediation Center dated 29.08.2025. For brevity, the mediation report is quoted hereinbelow: 29.08.2025 Pursuant to the order dated 19.07.25 issued by this Hon'ble Court in the above noted case, mediation process was initiated between the Nazimuddin Ahmed (writ petitioner) and Attaur Rahman (respondent No.5). In the course of mediation process the parties have been duly Page No.# 4/5 assisted by their respective counsels and accordingly agreement has been reached in respect of the issue involved in the writ petition, inter- alia and have agreed to end the litigations on the following terms and conditions: 1. It is agreed that out of the land acquisition compensation received by Attaur Rahman (respondent No.5) in respect of acquisition of ancestral land measuring 2 Katha 18 lessas, out of total land of 5 Bigha 1 lessa covered by dag No.120 / Patta No.212, situated in village: Bongshar, Mouza: Paschim Bongshar, Revenue Circle: Hajo, District: Kamrup, Assam, he would pay Rs.5,00,000/-(Rupees Five Lacs) only to the writ petitioner Sri Nazimuddin Ahmed as full and final settlement as to the share of acquisition compensation of the writ petitioner. The writ petitioner, Sri Nazimuddin Ahmed will issue a written receipt on handing over the amount by Attaur Rahman (respondent No.5). 2. That it is further amicably agreed by the parties that the aforesaid ancestral land remaining after acquisition of land of 2 Katha 18 lessas, would be shared in the following manner. a. the writ petitioner, Nazimuddin Ahmed, will get the share of 3 katha of land and the rest of the land will be shared by Attaur Rahman (respondent No.5) and the legal heirs of their deceased brother, Joynal Ali. b. Attaur Rahman (respondent No.5) will take frontage of 89 ft of the said land in the extreme right side of the land facing PWD road in the west side of the land. c. Nazimuddin Ahmed (writ petitioner) will take frontage of 26 ft in the middle of the said land facing PWD road in the west side of the land. The share of land of Nazimuddin will be in between the share of land of Attaur Rahman and the share of land of the legal heirs of Late Joynal Ali. d. Share of land of the legal heirs of Late Joynal Ali (represented by his son, Baharul Islam) will be the frontage of 60 ft in the extreme left of the land facing PWD road in the west side of the land. e. The Respondent no.5 will pay the share of land acquisition compensation of Rs.5 lacs to the writ petitioner on the day the Title Suit filed by the writ Page No.# 5/5 petitioner, being T.S No. No.245/2024 (Nazimuddin Ahmed -Vs- Baharul Islam) pending in the court of Civil Judge, Sr. Division, Kamrup (R) at Amingaon, is withdrawn. The Writ petitioner, Sri Nazimuddin Ahmed and Attaur Rahman (respondent No.5) have accordingly resolved their issues arising in the writ Petition. Mediation thus ended successfully. 5. In terms of the above, the writ petition stands disposed of. JUDGE Comparing Assistant