Page No.# 1/6 GAHC010054852026 2026:GAU-AS:5313 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1587/2026 SRI MAHAVIR PRASAD JAIN SON OF LATE PANNA LAL JAIN RAJ LAXMI APARTMENT, DANISHROAD, PANBAZAR, GUWAHATI 781001, DISTRICT- KAMRUP(M), ASSAM. VERSUS THE STATE OF ASSAM AND 8 ORS REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE AND DISASTER MANAGEMENT, GOVT OF ASSAM, DISPUR, GUWAHATI781006 2:THE SECRETARY TO THE GOVT OF ASSAM REVENUE AND DISASTER MANAGEMENT DISPUR GUWAHATI- 781006 3:THE DISTRICT COMMISSIONER KAMRUP(M) HENGRABARI GUWAHATI 781036 DISTRICT- KAMRUP(M) ASSAM 4:THE SUB-DIVISIONAL OFFICER (SADAR) LAND ACQUISITION BRANCH KAMRUP(M) GUWAHATI 5:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE ULUBARI GUWAHATI- 781007. DISTRICT- KAMRUP(M) ASSAM Page No.# 2/6 6:JAMINI BALA DAS W/O LATE DWARIKA NATH C/O DWARIKA NATH DAS BHARALUMUKH P.S- BHARALUMUKH GUWAHATI- 781009 KAMRUP(M) ASSAM 7:RAMEN DAS S/O LATE DWARIKA NATH C/O DWARIKA NATH DAS BHARALUMUKH P.S- BHARALUMUKH GUWAHATI- 781009 KAMRUP(M) ASSAM 8:PRBIN KUMAR DAS S/O LATE DWARIKA NATH C/O DWARIKA NATH DAS BHARALUMUKH P.S- BHARALUMUKH GUWAHATI- 781009 KAMRUP(M) ASSAM 9:JOGESH DAS S/O LATE DWARIKA NATH C/O DWARIKA NATH DAS BHARALUMUKH P.S- BHARALUMUKH GUWAHATI- 781009 KAMRUP(M) ASSA For the Petitioner(s) : Mr. A.K. Jain, Advocate For the Respondent(s) : Mr. N. Goswami, Govt. Advocate Mr. A. Bhattcharya, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH Page No.# 3/6 ORDER Date : 08.04.2026 Heard Mr. A.K. Jain, the learned counsel appearing on behalf of the petitioner. Mr. N. Goswami, the learned Government Advocate appears on behalf of the respondent Nos. 3, 4 and 5 and Mr. A. Bhattacharya, the learned Standing Counsel appears on behalf of the Revenue and Disaster Management Department of the Government of Assam. 2. Taking into account the order which this Court proposes to pass, notice upon the respondent Nos. 6, 7, 8 and 9 is dispensed with. 3. The case of the petitioner herein is that the petitioner is the owner of a plot of land, which has been specifically described in the schedule to the writ petition. 4. Pursuant to acquisition proceedings initiated under the Assam Land (Requisition and Acquisition) Act, 1964 (for short, “the Act of 1964”) registered as L.A. Case No. 04/2025, the land of the petitioner is stated to have been acquired in the said proceedings. It is the further case of the petitioner that the vendors of the petitioner, who had sold the land to the petitioner, subsequently sold the same land to the respondent Nos. 6 to 9. Accordingly, it is the case of the petitioner that no valid title could have been transferred by the said vendors of Page No.# 4/6 the petitioner in view of Section 48 of the Transfer of Property Act, 1882. 5. Be that as it may, taking into account that the acquisition proceedings have been initiated, the petitioner approached the Competent Authority claiming compensation. However, the compensation amount has not been paid, and the petitioner apprehends that the said amount would be released in favour of the respondent Nos. 6 to 9. Under such circumstances, the petitioner has approached this Court by filing the present writ petition. 6. This Court takes note of the fact that vide an order dated 20.03.2026, instructions were sought from the learned Government Advocate appearing on behalf of the respondent Nos. 3, 4, and 5. Pursuant thereto, instructions dated 04.04.2026, issued by the Additional Deputy Commissioner, i/c Land Acquisition Branch, Kamrup Metropolitan District have been placed before this Court, wherein it has been mentioned that certain hearings were conducted. However, no compensation amount has been released to any person in respect to Dag No. 1237 of Patta No. 12 of Village Sahar Guwahati Part-I under Guwahati Mouza, which is the subject land in the present proceedings. The said instructions are kept on record and marked with the letter ‘X’. Page No.# 5/6 7. This Court further takes note of that these acquisitions which have been carried out, being an acquisition made under the provisions of the Act of 1964 specifically provides that in the case of there being a dispute as regards the entitlement and/or apportionment of the compensation, such dispute are required to be referred to the Court in terms with Section 12 of the Act of 1964. 8. This Court further takes note of that in terms with Section 12(2) of the Act of 1964, the provisions of the Land Acquisition Act, 1894 have been statutorily incorporated into the Act of 1964. The resultant effect of such statutory incorporation is that by virtue of Section 30 of the Land Acquisition Act, 1894 when a dispute arises as regards the entitlement and/or apportionment of the said amount, the Revenue Authorities cannot decide the said aspect, and it has to be referred to the Court. Further to that, in such a case, the compensation which is payable in respect to the acquisition of the land, has to be deposited to the Court, which will be subject to the outcome of the proceedings before the Court. 9. Considering the above, this Court disposes of the instant writ petition by directing the respondent No. 3 to take steps for making a reference to the Court of the learned District Judge, Kamrup (M), to decide the question of entitlement and/or Page No.# 6/6 apportionment of compensation in respect to the acquired land admeasuring 5.65 Lechas covered by Dag No. 1237 of Patta No. 12 of Village Sahar Guwahati Part-I under Guwahati Mouza. 10. The same shall be done within a period of 30 days from the date a certified copy of this order is served upon the respondent No. 3. 11. This Court further directs that, in terms with Section 31(2) of the Land Acquisition Act, 1894, the amount of compensation shall be deposited by the respondent No. 3 before the Court to which the reference is made, in terms with the directions passed hereinabove. 12. The amount of compensation so deposited shall be subject to the outcome of the reference proceedings before the said Court. 13. With the above, the instant writ petition stands disposed of. JUDGE Comparing Assistant