Page No.# 1/5 GAHC010046532023 2025:GAU-AS:3939 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1372/2023 PREMLAL BORO AND 2 ORS. S/O- LATE BANGA KASARI @ RANGA KASARI, R/O- VILL.- AMGURI CHAPARI, P.O. SILIKHABARI, DIST. SONITPUR, ASSAM 2: HARICHANDRA BORO S/O- BANGA KASARI R/O- VILL.- AMGURI CHAPARI P.O. SILIKHABARI DIST. SONITPUR ASSAM 3: LIKURAM BORO S/O- LATE GONIRAM BORO R/O- VILL.- AMGURI CHAPARI P.O. SILIKHABARI DIST. SONITPUR ASSA VERSUS THE UNION OF INDIA AND 3 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, PETROLEUM AND NATURAL GASES, SHASTRI BHAWAN, NEW DELHI, PIN- 110001. 2:THE INDRADHANUSH GAS GRID LIMITED (IGGL) AN UNDERTAKING OF THE GOVERNMENT OF INDIA 7TH FLOOR 122A NRL CENTRE CHRISTIANBASTI G.S. ROAD GUWAHATI-781005 REPRESENTED BY THE CHAIRMAN / MANAGING DIRECTOR(COMPETENT AUTHORITY). Page No.# 2/5 3:THE DEPUTY COMMISSIONER SONITPUR TEZPUR DIST. SONITPUR ASSAM PIN- 784001. 4:THE CIRCLE OFFICER THELAMARA REVENUE CIRCLE P.O. THELAMARA DIST. SONITPUR ASSAM 5:LABA BARAMAHALIYA @ KACHARI S/O- LATE THEHERA BARAMAHALIYA @ THEHERA KACHARI R/O- VILL.- AMGURI CHAPARI P.O. SILIKHABARI DIST. SONITPUR ASSAM PIN-784149 6:CHANDAN BASUMATARY @ BARAMAHALIYA @ KACHARI S/O LT. THEHERA BARAMAHALIYA @ THEHERA KACHARI R/O- VILL.- AMGURI CHAPARI P.O. SILIKHABARI DIST. SONITPUR ASSAM PIN-784149. 7:KANCHA BASUMATARY @ BARAMAHALIYA @ KACHARI @ KANSA BORO S/O LT THEHERA BARAMAHALIYA @ THEHERA KACHARI R/O- VILL.- AMGURI CHAPARI P.O. SILIKHABARI DIST. SONITPUR ASSAM PIN-78414 Advocate for the Petitioner : MR. R P SARMAH, MR. D DOLEY Advocate for the Respondent : DY.S.G.I., MRS. A BORAH (R-5, R-6 & R-7),MR. P S BISWAS (R- 5, R-6 & R-7),MS R DEVI (R-5, R-6 & R-7),MR. S C BISWAS (R-5, R-6 & R-7),MR B D DAS (R-5, R-6 & R-7),MS E NATH (r-2),MR D DAS (r-2),MR. C CHAKRAVARTY (r-2),MR. R HAZARIKA (r- 2),MR. S SARMA (r-2),MR. JYOTIRMOY ROY (r-2),GA, ASSAM Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 02.04.2025 1. Heard Mr. R.P. Sarmah, learned senior counsel assisted by Mr. D Doley, learned counsel for the petitioners. Also heard Mr. K Gogoi, learned standing counsel, Union of India, Mr. J Roy, learned senior counsel assisted by Mr. B.P. Sarma, learned counsel for respondent No.2 and Ms. M Barman, learned counsel for respondent Nos.3 & 4 and Mr. SC Biswas, learned counsel for respondent Nos.5 to 7. 2. It is projected that the petitioner no. 1 and the petitioner no. 2 are sons of one Banga Kasari @ Ranga Kasari. The petitioner no. 3 is the grandson of Banga Kasari @ Ranga Kasari. Banga Kasari @ Ranga Kasari was a recorded land holder/pattadar of a plot of land measuring 05 Bighas-04 Kathas-08 Lessas (5B-4K-8L), covered by Dag no. 51 and periodic patta no. 116 [New], located at Mouza – Borgaon, Thelamara Revenue Circle, District – Sonitpur (‘the subject plot’, for short). 3. By a notice under Section 3(1) of the Petroleum and Mineral Pipeline (Acquisition of Right of User in Land) Act, 1962, a part of the subject-plot measuring 01 Bigha-01 Katha-14 Lessas (1B-1K-14L) has been acquired to exercise the Right of Use by the Central Government for laying of underground pipeline by the respondent no. 2 for transportation of natural gas in the State of Assam. It is the Page No.# 4/5 case of the petitioner that in the notice issued under Section 3(1) (supra), the name of the recorded land holder/pattadar was mentioned as Ranga Kasari, son of Ginai whereas in the revenue records, the name was recorded as Banga Kasari. Having not received the requisite compensation after acquisition of Right of Use over the part of the subject-plot measuring 01 Bigha01 Katha-14 Lessas (1B- 1K-14L), the petitioners have approached this Court seeking inter alia a direction, more particularly, to the respondent no. 2 to release the compensation against the acquired plot of land. 4. In the meantime, the respondent No.2 has filed an affidavit wherein a specific stand is taken that on verification it was found that as per the record of rights, the possession of the land in question was found to be under the respondent No.5. 5. In view of such dispute, the Deputy Commissioner in exercise of its power under section 11(4) of the Petroleum and Minerals Pipelines (Acquisition etc) Act, 1962 has already passed a speaking order concluding that though the respondent No.5 is in partial possession of the schedule land, however, he is not a land holder and as such, the respondent No.5 is not entitled to land compensation and the compensation may be awarded in favour of the pattadar i.e., the petitioners. 6. In view of the aforesaid, the remedy left with the respondent No.5 is to take recourse to the provision of sub-section 5 of Section 11 of the Act, 1962. 7. Accordingly, in view of the aforesaid, the competent authority shall do the needful under section 11(5) of the Act, 1962 for Page No.# 5/5 resolving of the dispute by the District Judge i.e., the District Judge, Sonitpur within the limit of whose jurisdiction the land is situated. 8. Such exercise shall be carried out within a period of 15 days from the date of receipt of a certified copy of this court passed today to be furnished by the respondent No.5 before the Collector, along with an application in that regard. 9. In view of the above, the writ petition stands disposed of. JUDGE Comparing Assistant