Page No.# 1/5 GAHC010090932024 2025:GAU-AS:4097 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1235/2022 UNION OF INDIA AND 2 ORS REP. BY THE SECRETARY MINISTRY OF RAILWAYS 256-A RAISINA ROAD RAJ PATH AREA CENTRAL SECRETARIAT NEW DELHI-110001. 2: NORTHEAST FRONTIER RAILWAYS REP. BY THE GENERAL MANAGER MALIGAON GUWAHATI-781011. 3: DIVISIONAL ENGINEER / WORKS NF RAILWAY MALIGAON GUWAHATI-781011. VERSUS THE STATE OF ASSAM AND 3 ORS. REP. BY THE CHIEF SECRETARY GOVERNMENT OF ASSAM DISPUR GUWAHATI-781006. 2:DEPUTY COMMISSIONER KAMRUP METRO GUWAHATI ASSAM-781001. 3:CIRCLE OFFICER Page No.# 2/5 GUWAHATI REVENUE CIRCLE GUWAHATI ASSAM. 4:RIJU PRASAD SHARMA S/O LATE REBARI PRASAD SHARMA R/O KAMAKHYADHAM P.S- JALUKBARI GUWAHATI- 781010 ASSAM. ------------ Advocate for : MRS. R BORAH Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS. BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 04-04-2025 1. Heard Mr. S. Chakraborty, learned counsel for the petitioner. Also heard Mr. D. Nath, learned Senior Government Advocate, representing the State respondents and Mr. K. Singha, learned counsel for the private respondent No.4. 2. The present writ petition is filed by the Union of India in Ministry of Railways inter alia alleging that land acquired by the Railways measuring 63 Bighas 1 Katha 15 Lechas situated at village- Gorpandu, Kumarpara, Mouza- Jaukbari under Guwahati Revenue Circle, Guwahati, Assam during the year 1969 has not been properly demarcated by the respondent State nor the record has been corrected resulting in encroachment of railway lands by private individuals including the respondent No. 4, who has started constructing a multistoried building therein. Page No.# 3/5 3. According to the petitioner, such land was acquired under the Land Acquisition Act, 1894. According to the petitioner, there is hostile discrimination at the hand of the respondent State in not demarcating the acquired land for which the railway has duly made payment inasmuch as the record has also not properly been corrected. 4. Mr. D. Nath, learned Senior Government Advocate for the State respondent more particularly Revenue authorities, on instruction submits that the District Administration shall co-operate with the demarcation of the railway land acquired in connection with Brahamputra Bridge Project, Pandu and staff quarters of B.B.P at village Gorpandu, Kamrup. 5. It is important to note herein that the respondent No. 4 was impleaded in the writ petition in terms of an order dated 06.03.2024 passed in IA(Civil)427/2024. The facts also remains an I.A. has also been filed registered as I.A.(Civil)/2059/2024 by the Union whereby, seeking stoppage of illegal construction of RCC building by the respondent No. 4 over a plot of land which according to the railways, belongs to the Indian Railways. 6. The respondent No. 4 has also filed an affidavit and it his contention that the respondent No. 4 had earlier preferred a writ petition being WP(C) 3353/2022, seeking demarcation of his land and this Court under its judgment and order dated 31.05.2022 relegated the matter to respondent No. 4 (designated authority empowered under Assam Right to Public Services Act, 2012), inasmuch as the subject demarcation is a notified public service meant for citizen of Assam. It is further contended by the respondent No. 4 that the respondent No. 4 had also filed partition case being Partition Case No. 08434/2022 wherein, the notice dated 27.10.2023 Page No.# 4/5 issued by the Revenue Circle Officer, was duly served upon the Railways and thereafter, by an order dated 22.11.2023 passed by revenue authority, land under Dag No. 40 of KP Patta No. 567 was partitioned in favour of the respondent No. 4 and a new KP Patta No. 691 and a new Dag i.e. Dag No. 1078 was created and accordingly, the respondent No. 4 contends that the there is no scope for further demarcation of the land. 7. From the aforesaid, it is seen that the railway claims that land acquired for them on payment of due compensation is not being properly demarcated by the Revenue authorities and record has also been corrected. On the other hand, the respondent No. 4 contends that, he has started his construction over his newly created patta land and therefore, the railways in absence of any challenge to such order of creation of patta by competent revenue authority, cannot claim any right over the land of the respondent No. 4. 8. In view of such claim and counter claim, the respondent revenue authority shall make a proper demarcation in reference to the original land acquired for railways in the year 1969 in connection with Brahmaputra Bridge Construction and staff quarter in village Gorpandu, Kumarpara. 9. The learned counsel for the respondent No. 4, has also submits that he will have no objection, if proper demarcation is carried out inasmuch as his patta land cannot be touched by the railways until and unless, such patta is declared to be void. 10. Be that as it may, this Court is also of the considered opinion that the respondent revenue department shall consider the grievance of the Union Page No.# 5/5 of India in Railways and demarcate their land which was acquired for Brahamputra Bridge Project, Pandu and staff quarters of B.B.P at village Gorpandu, Kamrup, and accordingly, it is directed that the Circle Officer, Guwahati Revenue Circle i.e., respondent No. 3, shall start the process of demarcation of the land, claimed by the Railways, which according to them was acquired in connection with Brahmaputra Bridge Construction and construction of staff quarter thereof, situated at village Garpandu, Kumarpara, in reference to the land acquired for them. Such exercise shall be carried out before the ensuing monsoon season i.e. before the month of June, 2025. While carrying out such demarcation, due notice be given to the respondent No. 4. 11. While parting with the record, it is made clear that this order shall not be treated as comment on merit of the claim of the railways as well as of the respondent No. 4 as regards their right, title and interest over their respective lands inasmuch as demarcation, is for the purpose of identification of the land which has been acquired for railways and any encroachment thereof or any claim of right, title and interest by either of the parties and/or possession is not a subject matter of this writ petition and the parties shall be at liberty to approach appropriate forum in that regard. 12. With the aforesaid, this writ petition stands disposed of. JUDGE Comparing Assistant