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2025 DAILYLAW 9551 (GAU)

MD AZIZUR RAHMAN v. THE STATE OF ASSAM

WP(C)/1574/2025 · 2025-08-20

Sanjay Kumar Medhi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/5 GAHC010059432025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1574/2025 MD AZIZUR RAHMAN S/O-LATE ABED ALI,VILL- BADIASISHA,P.O- KHANDAJAN,P.S- SIPAJHAR,MOUZA-LOKRAI,DIST- DARRANG,ASSAM VERSUS THE STATE OF ASSAM REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM,INDUSTRIES, COMMERCE AND PUBLIC ENTERPRISE DEPARTMENT,DISPUR,GUWAHATI- 06 2:THE ASSAM INDUSTRIAL DEVELOPMENT CORPORATION REP. BY ITS MANAGING DIRECTOR R.G. BARUA ROAD GUWAHATI-24 3:THE GENERAL MANAGER ASSAM INDUSTRIAL DEVELOPMENT CORPORATION R.G BARUA ROAD GUWAHATI-24 4:THE DISTRICT COMMISSIONER DARRANG MANGALDAAI P.O AND P.S-MANGALDOI DIST- DARRANG ASSAM PIN-784125 5:THE ADDITIONAL DISTRICT COMMISSIONER (REVENUE) DARRANG DARRANG MANGALDAI Page No.# 2/5 P.O AND P.S-MANGALDOI DIST- DARRANG ASSAM PIN-784125 6:THE CIRCLE OFFICER SIPAJHAR REVENUE CIRCLE SIPAJHAR DARRANG MANGALDAI P.O AND P.S-SIPAJHAR DIST DARRANG ASSAM. PIN-784147 7:THE BLOCK DEVELOPMENT OFFICER SIPAJHAR DEVELOPMENT BLOCK P.O AND P.S- SIPAJHAR DIST- DARRANG ASSAM.PIN-78414 Advocate for the Petitioner : MR. N I KHAN, MR. J U AHMED,MRS. H THAKURIA,MRS. M TALUKDAR,F K R AHMED Advocate for the Respondent : GA, ASSAM, MS P DEVI(R-2,3),MR P R SARMA (R- 2,3),NISHANT DAS(R-2,3),SC. REVENUE,SC, AIDC,SC, INDUSTRIES AND COMMERCE Linked Case : WP(C)/2652/2025 MD NURUL IMAN SON OF LATE JAMSHED ALI VILLAGE-MAROWAH CHOWKI P.O.- DUMNICHOWKI P.S. SIPAJHAR MOUZA- LOKRAI DISTRICT- DARRANG ASSAM. VERSUS THE CHIEF SECRETARY TO THE GOVT OF ASSAM INDUSTRIES Page No.# 3/5 COMMERCE AND PUBLIC ENTERPRISE DEPARTMENT DISPUR GUWAHATI-06. 2:THE ASSAM INDUSTRIAL DEVELOPMENT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR R.G. BARUA ROAD GUWAHATI24 3:THE GENERAL MANAGER ASSAM INDUSTRIAL DEVELOPMENT CORPORATION R.G. BARUA ROAD GUWAHATI-24. 4:THE DISTRICT COMMISSIONER DARRANG MANGALDAAI P.O.AND P.SMANGALDOI DISTRICT-DARRANG ASSAM. PIN-784125. 5:THE ADDITIONAL DISTRICT COMMISSIONER (REVENUE) DARRANG MANGADAI P.O. AND P.S.- MANGALDOI DISTRICT- DARRANG ASSAM. PIN-784125. 6:THE CIRCLE OFFICER SIPAJHAR REVENUE CIRCLE SIPAJHAR DARRANG MANGALDAI P.O. AND P.S.-SIPAJHAR DISTRICT- DARRANG ASSAM. PIN-784147 7:THE BLOCK DEVELOPMENT OFFICER SIPAJHAR DEVELOPMENT BLOCK P.O. AND P.S.-SIPAJHAR DISTRICTDARRANG ASSAM. PIN-784147. ------------ Advocate for : MR. N I KHAN Advocate for : GA ASSAM appearing for THE CHIEF SECRETARY TO THE GOVT OF ASSAM Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 21-08-2025 Heard Shri F. K. R. Ahmed, learned counsel for the petitioner in WP(C)/1574/2025 and Shri N. I. Khan, learned counsel for the petitioner in WP(C)/2652/2025. Also heard Shri J. Handique, learned State Counsel and Shri S. Das, learned Standing Counsel, AIDC. The grievance of the petitioners in these two cases is with the allegation of violation of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013. It is the case of the petitioners that in spite of acquisition of land, no alternative plot was allotted to them. When this matter had come up for consideration yesterday, Shri Handique, learned State Counsel has placed before this Court a Minutes of Meeting, as per which the grievances of the petitioners appear to have been redressed. On the aforesaid contention, time was granted to the learned counsel for the petitioners to seek instructions. Both the learned counsel for the petitioners have submitted that though in principle the grievances appear to have been redressed, such decisions were also taken earlier which did not fructify in reality and therefore they have expressed an apprehension. The Minutes of Meeting which have been placed on record contain, amongst others, the following resolutions: “ Resolution 4: The Committee recommended the proposal for allotment of land measuring 2B-0K-0L Covered by Dag No. 726 of Badiasicha village under Lokrai mouza of Sipajhar Revenue Circle in favour of Azizur Rahman, S/o-Late Abed Ali. Resolution 5: The Committee recommended the proposal for allotment of land measuring 1B-0K-0L covered by Dag No. 726 of Badiasicha village under Lokrai mouza Page No.# 5/5 of Sipajhar Revenue Circle in favour of Nurul Iman, S/0-Jamsed Ali.” On perusal of the aforesaid Minutes of Meeting held on 08.08.2025, it appears that there are clear resolutions of recommendation for allotment of land to the petitioners. In view of the above, this Court is of the opinion that the grievances of the petitioners have substantially been redressed. Accordingly, there is no requirement to continue with these writ petitions. It is however observed that the Resolution Nos. 4 & 5 be implemented expeditiously and preferably within an outer limit of 3 (three) months from today. With the aforesaid observations, both the writ petitions, accordingly, stand closed. JUDGE Comparing Assistant