ORDER :

Heard Mr. M.H. Choudhury, learned Senior Counsel assisted by Mr. P. Chakraborty, learned counsel for the petitioners; Mr. B. Gogoi, learned Standing Counsel, Public Works Department for the respondent nos. 1 & 5; and Mr. R. Talukdar, learned Junior Government Advocate, Assam for the respondent nos. 2, 3 & 4.

2. The State Government in the Public Works [Development A-1 Branch] Department published a notification dated 20.01.2021 whereby it has notified ‘the Land acquisition through Direct Purchase by way of negotiated settlement for improvement and upgradation of State Highways and Major District Roads under Asom Mala Program and Externally Aided Projects’ [‘the Scheme’, for short]. The said notification was published in the Assam Gazette on 22.01.2021. By the said Scheme, the State Government has adopted a process of land acquisition through direct purchase by way of negotiated settlement for improvement and up-gradation of State Highways and major district roads under the Asom Mala Program and Externally Aided Projects and the Scheme has envisaged a number of steps for such negotiated settlement.

3. The respondent no. 4 had published a notice dated 11.02.2022 whereby it was notified that land measuring 1 Katha 14 Lessas [1K-14L], covered by Dag no. 396 & Patta no. 63 and Dag no. 396/539 & Patta no. 194, located at Village Nilbagan, Mouza – Namati, District – Hojai would be acquired under the Scheme and directed the pattadars/possessors of those parcels of land to submit their land related documents at his office on 21.02.2022. By the said Notice dated 11.02.2022, the two petitioners herein were informed along with other persons. The afore-mentioned notice was followed by another notice published in the Assamese daily newspaper, Axomiya Pratidin in its issue dated 30.03.2022, whereby, the pattadars/possessors including the two petitioners were informed that their parcels of land indicated therein, are proposed to be acquired for road construction under the Asom Mala from Hamren to Howraghat Tiniali by the District Level Land Purchase Committee through direct purchase by way of negotiated settlement and the pattadars/possessors had been asked to file their objections, if any, before the Chairman, District Level Land Purchase Committee, Hojai within 15 [fifteen] days from the date of publication of the notice.

4. Having come across the afore-mentioned two notices, the two petitioners along with others had submitted a Representation before the Chairman, District Level Land Purchase Committee, Hojai-cum-Deputy Commissioner, Hojai [the respondent no. 3] on 28.11.2022 with the grievance that the measurements indicated in the notice dated 30.03.2022 were not accurate and the same would require actual measurements through the concerned revenue officials. According to the petitioners, they had submitted another Representation before the respondent no. 4 on 02.04.2022 with the grievance that the land value indicated in the notice dated 30.03.2022, at which their lands were sought to be acquired through direct purchase by way of negotiated settlement were much lesser than the actual market value. By the said Representation dated 02.04.2022, the two petitioners had sought for enhancement of the value of their parcels of lands.

5. Mr. Gogoi, learned Standing Counsel, Public Works Department and Mr. Talukdar, learned Junior Government Advocate, Assam have submitted that the Administrative District – Hojai has stood merged in the meantime, with the Administrative District – Nagaon vide a Gazette Notification ECG no. 263174/2 dated 31.10.2022 and as a result, the Administrative identity of the Deputy Commissioner, Hojai has ceased to exist. Consequently, the District Level Land Purchase Committee, Hojai has also ceased to exist.

6. Mr. Talukdar, learned Junior Government Advocate, Assam has placed a Communication bearing no. HJRA.01/2023/69 dated 17.02.2023 of the Additional Deputy Commissioner [Revenue], Hojai Sub-Division-cum-Member/Secre