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2026 DAILYLAW 3827 (GAU)

RAJU HAZARIKA AND 4 ORS v. THE UNION OF INDIA AND 12 ORS

WP(C)/6995/2024 · 2026-04-06

Anjan Moni Kalita

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/8 GAHC010258292024 2026:GAU-AS:5231 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6995/2024 RAJU HAZARIKA AND 4 ORS SON OF LATE SHRI NABIN @ BADULA HAZARIKA, RESIDENT OF VILLAGE- MIRIPATHAR GAON, P.O.- MOHANBARI, P.S.- LAHOWAL OUTPOST, MOHANBARI, IN THE DISTRICT OF DIBRUGARH, ASSAM, PIN- 786012. 2: MANABHA HAZARIKA WIFE OF NABIN @ BADULA HAZARIKA RESIDENT OF VILLAGE- MIRIPATHAR GAON P.O.- MOHANBARI P.S.- LAHOWAL OUTPOST MOHANBARI IN THE DISTRICT OF DIBRUGARH ASSAM PIN- 786012. 3: BIMAN HAZARIKA SON OF LATE NABIN @ BADULA HAZARIKA RESIDENT OF VILLAGE- MIRIPATHAR GAON P.O.- MOHANBARI P.S.- LAHOWAL OUTPOST Page No.# 2/8 MOHANBARI IN THE DISTRICT OF DIBRUGARH ASSAM PIN- 786012. 4: ILUPRABHA HAZARIKA DAUGHTER OF LATE NABIN @ BADULA HAZARIKA RESIDENT OF VILLAGE- MIRIPATHAR GAON P.O.- MOHANBARI P.S.- LAHOWAL OUTPOST MOHANBARI IN THE DISTRICT OF DIBRUGARH ASSAM PIN- 786012. 5: MRINAL HAZARIKA SON OF LATE NABIN @ BADULA HAZARIKA RESIDENT OF VILLAGE- MIRIPATHAR GAON P.O.- MOHANBARI P.S.- LAHOWAL OUTPOST MOHANBARI IN THE DISTRICT OF DIBRUGARH ASSAM PIN- 786012 VERSUS THE UNION OF INDIA AND 12 ORS REPRESENTED BY ITS SECRETARY, THE MINISTRY OF CIVIL AVIATION, RAJIV GANDHI BHAWAN BLOCK-B, JORBAGH SAFDARJUNG AIRPORT AREA, NEW DELHI, PIN- 110003. Page No.# 3/8 2:THE AIRPORTS AUTHORITY OF INDIA REPRESENTED BY ITS CHAIRMAN RAJIV GANDHI BHAWAN SAFDARJUNG AIRPORT NEW DELHI- 110003. 3:THE REGIONAL EXECUTIVE DIRECTOR AIRPORTS AUTHORITY OF INDIA REGIONAL HEADQUARTER NORTH EAST REGION NEAR LOKAPRIYA GOPINATH BORDOLOI INTERNATIONAL AIRPORT GUWAHATI ASSAM PIN- 781016. 4:THE STATE OF ASSAM REPRESENTED BY ITS THE CHIEF SECRETARY THE GOVERNMENT OF ASSAM ASSAM SECRETARIAT DISPUR GUWAHATI IN THE DISTRICT OF KAMRUP(METROPOLITAN) ASSAM PIN- 781006. 5:THE PRINCIPAL SECRETARY REVENUE AND DISASTER MANAGEMENT DEPARTMENT THE GOVERNMENT OF ASSAM ASSAM SECRETARIAT DISPUR GUWAHATI IN THE DISTRICT OF KAMRUP(METROPOLITAN) ASSAM PIN- 781006. 6:THE DEPUTY SECRETARY REVENUE AND DISASTER MANAGEMENT DEPARTMENT Page No.# 4/8 THE GOVERNMENT OF ASSAM ASSAM SECRETARIAT DISPUR GUWAHATI ASSAM PIN- 781006. 7:THE SECRETARY DEPARTMENT OF TRANSPORT THE GOVERNMENT OF ASSAM ASSAM SECRETARIAT DISPUR GUWAHATI ASSAM PIN- 781006. 8:THE COMMISSIONER OF TRANSPORT THE GOVERNMENT OF ASSAM PARIBAHAN BHAWAN JAWAHARNAGAR KHANAPARA GUWAHATI ASSAM PIN- 781022. 9:THE DISTRICT COMMISSIONER DIBRUGARH THE GOVERNMENT OF ASSAM IN THE DISTRICT OF DIBRUGARH MANCOTTA ROAD RAILWAY COLONY DIBRUGARH ASSAM PIN- 786003. 10:THE ADDITIONAL DEPUTY COMMISSIONER (LAND ACQUISITION) THE GOVERNMENT OF ASSAM DIBRUGARH. MANCOTTA ROAD RAILWAY COLONY IN THE DISTRICT OF DIBRUGARH Page No.# 5/8 ASSAM PIN- 786003. 11:THE DISTRICT TRANSPORT OFFICER DIBRUGARH A.T. ROAD PHOOL BAGAN P.O.- DIBRUGARH IN THE DISTRICT OF DIBRUGARH ASSAM PIN- 786001. 12:THE CIRCLE OFFICER EAST REVENUE CIRCLE P.O.- DIBRUGARH IN THE DISTRICT OF ASSAM PIN- 786001. 13:THE AIRPORT DIRECTOR DIBRUGARH AIRPORT MOHANBARI IN THE DISTRICT OF DIBRUGARH ASSAM PIN- 786012 Advocate for the Petitioner : MR A K DAS, Advocate for the Respondent : DY.S.G.I., MR H SARMA,MR V KUMAR (R-1,2,3,4),SC, A A I,SC, TRANSPORT DEPARTMENT, ASSAM,SC, REVENUE,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 07-04-2026 None appeared for the petitioners when the matter was called for. On the last occasion also, none appeared for the petitioners when the matter was called. 2. Ms. N. Tiwari, learned counsel appears on behalf of Mr. P. Chetri, learned Page No.# 6/8 counsel for the respondent Nos. 2, 3 & 13; Mr. H. Sarma, learned Additional Senior Government Advocate, appears for the respondent Nos. 4, 9, 10 & 12; Ms. P. R. Mahanta, learned State counsel appears for respondent Nos. 5 & 6 and Ms. M. D. Bora, learned Standing Counsel, Transport Department, appears for the respondent Nos. 7, 8 & 11. 3. The grievance of the petitioners is that they are the owners, possessors and successors over the plot of land covered by Dag No. 83, Patta No. 32, situated at Village Miripathar Gaon under Lahowal Mouza, part of which was acquired for extension of Mohanbari ariprot. Though compensation for an area of land under the aforesaid Dag and Patta measuring 1 Bigha 0 Katha 0 Lecha has already been granted, however, the petitioners did not receive the compensation for rest of the land i.e., 1 Bigha 2 Katha 15 Lechas, which is still under possession of the Airport Authority of India. 4. Ms. M. D. Bora, learned Standing Counsel, Transport Department, has submitted a communication bearing No. E-237304/13949, issued by the Commissioner of Transport, Assam Guwahati to the District Commissioner, Dibrugarh, Assam which is kept on record by marking 'X'. 5. Relevant extract of the aforesaid communication is quoted hereinbelow: "With reference to the subject cited above, I have the honour to inform you that an amount of Rs.36,72531 Lakh (Rupees Thirty Six Lakh Seventy Two Thousand Five Hundred Thirty One) only has already been disbursed to your good office, following receipt of FOC vide No. FIN/DIS/TRA/001/2025/1227 dated 11/09/2025 for payment of addl. extension of Mohanbari Airport, Dibrugarh in village Miripather Gaon under Lahowal Mouza in the District of Page No.# 7/8 Dibrugarh." 6. In view of the aforesaid communication, the learned Standing Counsel for the Transport Department submits that the amount is lying with the District Commissioner, Dibrugarh and therefore, a direction can be issued to the District Commissioner to release the aforesaid amount to the petitioners. 7. Mr. H. Sarma, learned Additional Senior Government Advocate, appearing for the respondent Nos. 4, 9, 10 & 12 has submitted a communication No. DRA.61/2022/76 dated Dibrugarh 14.11.2025, addressed to him by the Additional District Commissioner (LA), Dibrugarh which reveals that Transport Department, Government of Assam has already deposited an amount of Rs.36,72,531/- (Rupees Thirty Six Lakh Seventy Two Thousand Five Hundred Thirty One) in the Bank account of the District Commissioner, Dibrugarh and the same is kept on record by marking 'Y'. 8. The aforesaid communication dated 14.11.2025 reveals that the money is ready to be released but the same has not been disbursed due to the pendency of the instant writ petition. 9. The learned counsel appearing for the respondents have submitted that the instant writ petition can be disposed of with a direction to the respondent Nos. 9 and 10 to release the compensation amount to the petitioners. 10. In view of the aforesaid submissions, this Court find it appropriate to pass a direction to release the aforesaid amount of Rs.36,72,531/- (Rupees Thirty Six Lakh Seventy Two Thousand Five Hundred Thirty One), which has already been deposited to the Bank account of the Deputy Commissioner, Dibrugarh to the petitioners, though none has appeared on behalf of the petitioners today. 11. Therefore, it is directed that the Deputy Commissioner, Dibrugarh, i.e. the Page No.# 8/8 respondent No. 9 shall release the compensation amount of Rs.36,72,531/- (Rupees Thirty Six Lakh Seventy Two Thousand Five Hundred Thirty One), within a period of 1 (One) Month from the passing of the instant order to the petitioners. 12. In terms of the aforesaid direction, the writ petition stands disposed of. 13. Registry to communicate about passing of the instant order to the petitioners at the addresses mentioned in the petition. JUDGE Comparing Assistant