GAHC010109902026 2026:GAU-AS:14065 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2902/2026 SRI TULASHI NARAYAN KALITA AND ANR S/O- LATE GOLOK KALITA VILL - KAMALABARI, P.O - KAMALABARI, P.S - MAJULI, DISTRICT - MAJULI ASSAM. 2: SMT LEENAKSHI KALITA D/O- LATE BHABESH KALITA VILL- KAMALABARI P.O - KAMALABARI P.S - MAJULI DISTRICT - MAJULI ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, ASSAM SACHIVALAYA, DISPUR, GUWAHATI 781006, ASSAM. 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF REVENUE DISASTER MANAGEMENT ASSAM SACHIVALAYA DISPUR GUWAHATI 781006 ASSAM. 3:THE DISTRICT COMMISSIONER KAMRUP AMINGAON PIN - 781031 ASSAM. 4:THE ADDITIONAL DISTRICT COMMISSIONER )LAND ACQUISITION) KAMRUP AMINGAON PIN - 781031 ASSAM. 5:THE CIRCLE OFFICER HAJO REVENUE CIRCLE HAJO DISTRICT - KAMRUP ASSAM Advocate for the Petitioner : MR. V RAJKHOWA, AGASTYA DUTTA,MS HIMADRI BORAH,MR A.J.SARMA Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HON’BLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 23.09.2026 Heard Mr. A J Sarma, learned counsel for the petitioners. Also heard Mr. J Handique, learned Government Advocate and Ms. G Hazarika, learned Standing counsel, Revenue Department for the respondents. 2. By way of this petition under Article 226 of the Constitution of India, the petitioners are canvassing non-payment of land compensation for acquisition of land measuring 1 Bigha 1 Katha 3 Lessa covered by Dag No. 347, KP Patta No. 14 at village Sanpara Gaon, Pub Bongsor Mouza under Hajo Revenue Circle in the district of Kamrup for the purpose of constructing four-lane bridge over the river Brahmaputra connecting Palashbari (south bank of the Brahmaputra) to Sualkuchi (north bank of the Brahmaputra). 3. The petitioners are seeking direction to the respondent authorities for release of the land acquisition compensation in respect of the aforesaid land pertaining to Land Acquisition Case No. 13/2022, despite completion of acquisition proceeding and despite the petitioners being entitled to receive compensation in accordance with law, which has not been released to them till date. It is the specific case of the petitioners that the matter relating to payment of compensation has remained pending before the Circle Officer, Hajo Revenue Circle without any final decision. Though the petitioner No. 1 has submitted a detailed representation before the District Commissioner, Kamrup on 04.10.2026 requesting immediate intervention and release of the compensation amount and despite the Additional District Commissioner, Kamrup, Amingaon by communication dated 08.10.2025 having forwarded the matter to the concerned Circle Officer for taking necessary action in accordance with law, no such action has been taken till date. 4. Upon receipt of notice of this instant proceeding, the respondent Nos. 3 and 4 have filed an affidavit-in-opposition on 18.08.2026. Relevant paragraphs of the aforesaid affidavit-in-opposition read as under: “7. That with regard to the statements made in paragraph no. 10 of the instant writ petition, the deponent begs to state that allegations made by the petitioners are totally false and same is vehemently denied by the deponent. The deponent further states that the delay in the final disbursement of compensation for Plot No 2 is purely procedural and non mala-fide intention. As the said property involves an ancestral Ejmali (joint) Patta with multiple co-pattadars and legal heirs tracing title to Late Golok Kalita and Late Bhabesh Kalita/ Late Bidya Kalita, detailed revenue scrutiny is mandatory under Sections 22,23 and 75 of the RFCTLARR Act, 2013 to determine exact share apportionment before public funds an amounting to Rs 99,14,406.57 can be released. 8. That with regard to the statements made in paragraph no.11 of the instant writ petition, the deponent begs to state that pertaining to the allegations concerning physical possessions and ongoing construction work, it is submitted that the implementation of the strategic public infrastructure project the four lane Brahmaputra River Bridge connecting Palashbari and Sualkuchi is being executed strictly in the larger public interest. The process for the release of the sanctioned compensation amounting to Rs.99,14,406.57 is under active processing. The Respondent No 5 vide Report No.HRC Acquisition/11/2025/ 1455 dated 10/07/2026, has initiated a fresh field verification to finalize share apportionment so that the admissible compensation can be disbursed to the eligible beneficiaries at the earliest. Therefore, the violation of Article 300A of the Constitution of India is vehemently denied by the deponent. 12. That with regard to the statements made in paragraph no.17 of the instant writ petition, the deponent begs to state that the allegations made by the petitioners are vehemently denied by the deponent. The deponent further states that representation/letter dated 04/10/2025 submitted by the petitioners was forwarded to the Respondent No.5 on 08/10/2025 where by directed to actively examined the grievance of the petitioners and thereafter, the Respondent No.5 submitted a compliance/status report vide Letter No. HRC Acquisition/11/2025/1455 dated 10/07/2026. In the said report confirms that a fresh field verification process has been initiated to settle share-wise apportionment for Dag No.347 and release the admissible compensation pertaining to the same.” 5. Status and compliance report has also been annexed to the said affidavit-in-opposition as Annexure-1. Relevant portion of the said status and compliance report read as under: “To The Additional District Commissioner Kamrup. Amingaon. (Land Acquisition Branch) Date 10/07/2026 Sub: Status and Compliance Report on Writ Petition No. 2902/2026 concerning Plot No. 2 (Dag No 347, K.P Patta No. 14) of Village Sanpara Gaon, Pub Bongsor Mouza. Ref: Your letter no. E-182151/LA-13/19/2026-KRA date: 04/07/2026 Sir, With reference to the subject cited above, I have the honour to submit herewith the report in connection with W.P.(C) no. 2902/2026 (Sri Tulashi Narayan Kalita -Vs- The State of assam & Others) 1. In compliance with the directions conveyed vide the reference cited above, this report is submitted after examining the grievances raised by the petitioners, Shri Tulashi Narayan Kalita and Smt. Leenakshı Kalita, regarding the non-payment of land (Ejmall Patta) acquired for the construction of the four- lane Brahmaputra River Bridge connecting Palashbari and Sualkuchi. 2. Land Details and Apportionment Status The particulars of the land under dispute and its administrative status, as verified from the records available in the Hajo Revenue Circle, are detailed below Property Details and Compensation Status Property Identifier Land area Total Sanctioned compensation Current Status/Disbursed Amount Plot No. 1 (Dag No. 340, KP Patta No. 14) 1 Bigha 3 Katha 7 Lessa Rs. 1,34,61,023.57 Partial Release: Rs. 7,25,444/- has been transferred to Petitioner No. 1’s SBI account upon verification of the indemnity bonds and original title deeds. Plot No. 2 (Dag No. 347, KP Patta No. 14) 1 Bigha 1 Katha 3 Lessa Rs. 99,14,406.57 Pending: Compensation remains under active verification. A formal hearing was conducted on 14.07.2025, and presently underway. I. Initiation of Land Acquisition Proceedings Notice under Land Acquisition Case No. 13/2022 was duly served upon the co-pattadars under the provisions of the Assam Land (Requisition and Acquisition) Act, 1964, read with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act, 2013). II. Submission of Statutory Documents Both petitioners submitted all requisite documents, including duly executed indemnity bonds. Land Holding Certificates, identity proofs, and other prescribed records for processing compensation in respect of both acquired plots. III.. Physical Possession of Plot No. 2 Physical possession of Plot No. 2 (Dag No. 347, KP Patta No. 14) has already been taken over by the executing infrastructure authority for implementation of the public project, and construction activities at the project site are presently in progress. Page 7 of 9 3. Finding and Justification for Delay for Plot No. 2 The compensation relating to Plot No. 2 (Dag No. 347, KP Patta No. 14) has not yet been released due to the ongoing statutory verification and award finalization process. Although the petitioners have complied with the document submission requirements and appeared before the competent authority during the hearing held on 14.07.2025, the revenue records and title particulars are undergoing final scrutiny to ensure compliance with the applicable provisions of the RFCTLARR Act, 2013 and other governing land acquisition regulations. Upon completion of the verification process and approval of the final award, the sanctioned compensation shall be disbursed to the eligible beneficiaries in accordance with law. 4. Findings and Justification for Delay in Disbursement of Compensation for Plot No. 2. The delay in disbursement of the remaining sanctioned compensation amounting to Rs. 99,14,406.57 in respect of Plot No. 2 (Dag No. 347, KP Patta No. 14) is attributable to the complex nature of the ancestral Ejmali (joint) Patta records. The land is jointly recorded in the names of multiple co- pattadars, and the succession involves several legal heirs tracing their title through the ancestral lineage of Late Golok Kalita and Late Bhabesh Kalita/Late Bidya Kalita. Consequently, determination of the lawful entitlement and proportionate share of each surviving co-sharer requires detailed scrutiny of the revenue records, succession particulars, and other supporting documents before the compensation can be apportioned and released. Such verification is necessary to ensure that compensation is disbursed only to the legally entitled persons, to avoid any erroneous or duplicate payments, and to safeguard public funds in accordance with the applicable provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and the relevant rules governing land acquisition. Proposed Course of Action In order to ensure compliance with Section 38 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which requires that payment of compensation shall be effected in accordance with the statutory framework governing taking possession of acquired land, this office proposes the following course of action The field officials of the Hajo Revenue Circle shall undertake a fresh verification of the petitioner's land possession, ownership records, and the share-wise apportionment relating to Dag No. 347 within 15 (fifteen) working days from the date of this report Upon completion of the verification and satisfaction regarding the entitlement of the claimants, the process for disbursement of the admissible compensation shall be initiated in accordance with law This is for favour of your kind information and necessary action. Your's Faithfully. Circle Officer, Hajo Revenue Circle, Hajo, Kamrup” 6. A perusal of the aforesaid status and compliance report indicates that the respondent authorities are taking steps to ensure compliance with Section 38 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which mandates payment of compensation in accordance with the statutory framework governing the taking over of possession of the acquired land. It further appears that the respondents have proposed to undertake fresh verification of the petitioners’ possession of the land, the ownership records, and the share-wise apportionment in respect of the Dag number in question. Upon completion of the said verification and satisfaction as to the entitlement of the claimants, the respondents propose to disburse the admissible compensation to the petitioners in accordance with law. 7. Having heard the learned counsel appearing for the parties and upon perusal of the materials available on record, particularly considering that respondent No. 5, by the aforesaid report dated 10.07.2026, has initiated a fresh field verification for finalizing the share-wise apportionment so as to facilitate disbursement of the admissible compensation to the eligible beneficiaries at the earliest, this Court is of the considered view that the writ petition can be disposed of with a direction to respondent No. 5 to complete the field verification and upon receipt of the report thereof, respondent No. 4 shall disburse the admissible compensation to the petitioners in accordance with law. 8. Ordered accordingly. 9. The entire exercise contemplated herein shall be completed within a period of three months from the date of receipt of a certified copy of this order. 10. With the above observation and direction, the instant writ petition stands disposed of. JUDGE Comparing Assistant