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2025 DAILYLAW 27887 (GAU)

SUBHASH CH PAUL AND ANR v. THE UNION OF INDIA AND 7 ORS

WP(C)/3791/2024 · 2025-11-02

Arun Dev Choudhury

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010151372024 2025:GAU-AS:14832 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3791/2024 SUBHASH CH PAUL AND ANR S/O-LATE HARI NARAYAN PAUL 2: SANJIT KUMAR PAUL S/O- LATE JOGESH CH. PAUL BOTH OF VILLAGE-BILASIPARA WARD NO-9 HAKAMA PART II P.O AND P.S- BILASIPARA DIST- DHUBRI ASSAM PIN-78334 VERSUS THE UNION OF INDIA AND 7 ORS REP. BY THE GENERAL MANAGER (CONSTRUCTION), N.F RAILWAY, MALIGAON, GUWAHATI-11 2:THE DEPUTY CHIEF ENGINEER (CONSTRUCTION-1) N.F RAILWAY MALIGAON GUWAHATI-11 3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE AND D.M (LR) DEPARTMENT DISPUR GUWAHATI-06 Page No.# 2/4 4:THE DISTRICT COMMISSIONER CUM COLLECTOR DHUBRI ASSAM PIN-783301 5:MD. RAFIUL ISLAM S/O- LATE MOJAMEL HOQUE 6:MD. RAKIBUL ISLAM S/O- LATE MOJAMEL HOQUE 7:MUSSTT . MANJU BEGUM D/O- LATE MOJAMEL HOQUE 8:DAIZY AZAHAR D/O- AZAHARUL ISLAM ALL OF VILLAGE-HAKAMA PART II BILASIPARA WARD NO-9 (TOWN) P.O- HAKAMA P.S- BILASIPARA DIST- DHUBRI ASSAM PIN-78334 Advocate for the Petitioner : MR. A MANNAF, MD A S ALI,MD J ALOM Advocate for the Respondent : DY.S.G.I., MR A BHATRA (R-5,6,7,8),MR A DEKA(R-5,6,7,8),N CHAUDHURY(R-5,6,7,8),MR. M DAS(R-5,6,7,8),MR. B D DEKA(R-5,6,7,8),GA, ASSAM,SC, REVENUE BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 03.11.2025 1. Heard Mr. A. Mannaf, learned counsel for the petitioners. Also heard Mr. B. D. Page No.# 3/4 Deka, learned counsel for the respondent Nos. 5, 6, 7 and 9. 2. The dispute raised in this writ petition is as regards apportionment of land acquisition compensation in respect of a land measuring 64 Lechas covered by Dag No. 59 of Village- Hakama Pt-II (Town) in the District of Dhubri, Assam. 3. Total land acquired was 3 Katha 4 Lechas out of 3 Bigha 1 katha 12 Lechas covered by Dag No. 59 of Village- Hakama under LA Case No. 1/2021-2022. 4. It is the case of the writ petitioners that the respondent Nos. 5, 6, 7 and 8 are not entitled to the apportionment of compensation in respect of 53 Lechas, however, they are entitled to apportionment of compensation in respect of 36 lechas out of 53 Lechas. On the other hand, as per the respondents, they are entitled to apportionment of compensation for 51 lechas. 5. Thus, there is no dispute amongst the parties as regards apportionment of compensation for 13 Lechas of land. There is no dispute that the writ petitioners are entitled for apportionment of compensation so far relating to 13 lechas and the respondent Nos. 5, 6, 7 and 8 are entitled for apportionment of compensation in respect of 36 lechas. 6. The parties have agreed thus, to amicably settle and receive the compensation to the extant indicated above i.e. compensation against 13 lechas for the writ petitioners and the compensation against 36 lecahs for the respondent Nos. 5, 6, 7 and 8. 7. However, the dispute remains for apportionment of compensation so far it relates to remaining 15 lechas of land and the parties have agreed that for determination of such dispute, they shall approach the appropriate forum under Assam Land Requisition and Acquisition Act, 1964 i.e. by way of Reference. 8. In view of the aforesaid and taking note of the joint affidavit filed by both the Page No.# 4/4 parties, the present writ petition stands disposed of permitting the respondent authorities to disburse land acquisition compensation already determined to the petitioners for the land in question to the extent of 13 lechas and to the respondent Nos. 5, 6, 7 and 8 to the extent of 36 lechas. 9. Parties shall be at liberty to approach the appropriate forum so far the same relates to the determination of apportionment against the remaining land i.e. 15 lechas. 10. Interim order passed earlier if any, stands vacated. JUDGE Comparing Assistant