Point of Law: Person interested includes all persons claiming an interest in compensation to be made on account of acquisition of land under this Act; and a person shall be deemed to be interested in land if he is interested in an easement affecting the land.

JUDGMENT :

1. The instant writ petition has been filed by the Petitioners seeking a direction upon the Respondent Authorities not to carry out the works for construction of New BG Railway Line over the lands belonging to the Petitioners and not to evict the Petitioners from their lands in possession and/or settle the lands with the Petitioners for adequate payment of compensation for the lands under possession of the Petitioners which have been acquired by the Government covered by Dag Nos. 713, 379 and 496 of Patta No. K Touzi Patta 38, 21, 67 of Village-Kamalajari, Mouza Sonapur, under Sonapur Revenue Circle in the district of Kamrup(M), Assam.

2. The facts of the instant case are that the Petitioners were admittedly in possession of the Government lands wherein they had built houses and raised crops. For the purpose of construction of the BG line, the said lands wherein the Petitioners were in possession were settled with the Railways.

3. The Petitioners being aggrieved on account of non-payment of the compensation for the lands which they were in possession as well as on account of the zirat had approached this Court earlier by filing a writ petition being W.P.(C) No. 1787/2013.

4. This Court vide an order dated 03.05.2013 directed the Collector, Kamrup(Metro) to verify whether any compensation is payable to the Petitioners and upon verification if it is found that the Petitioners are entitled to any compensation in respect to the zirat or in respect to the land or both, the same be released to them within a period of two months from the date of production of the certified copy of the order passed by this Court by any of the Petitioners before the Collector.

5. It further transpires that thereupon the Petitioners herein were paid the zirat in respect to the standing crops as well as the houses standing thereon. However, as regards the lands in question, there was no compensation paid for which the Petitioners have approached this Court.

6. This Court vide order dated 09.04.2018 issued notice making it returnable by three months. It however reveals from the records that no affidavit has been filed by the Respondent Authorities. Be that as it may, there are certain instructions in the records, the reference of which this Court deems it proper to make taking into account the issue involved. It reveals from the records that the Deputy Commissioner, Kamrup(Metro) had issued a Communication on 09.02.2016 to the Additional Chief Secretary to the Government Assam, Revenue and Disaster Management (LR Department), Dispur wherein it was mentioned that the various possessors of the Government land of village Sonai had prayed for payment of land compensation by giving settlement of their possessed land. It was further mentioned that the zirat/the building compensation standing over the Govt. land possessed by the various persons have already been paid and as such the Additional Chief Secretary to the Government of Assam, Revenue and Disaster Management were requested to issue necessary instructions whether settlement of the possessed Government land can be given to the persons concerned.

7. It further reveals that pursuant thereto, the Joint Secretary to the Government of Assam, Revenue and Disaster Management Department had issued a Communication dated 19.03.2016 to the Deputy Commissioner, Kamrup (Metro) wherein it has been mentioned that the land covered by Dag No.218 (pt), 361 (pt) and 396(pt) of Village-Sonai acquired for the construction of the New BG Railway line from Teteliya to Byrnihat had already been transferred to the Railway on payment of premium and the zirat/building compensation have already been paid to the possessors of the said Government land and therefore there arose no question of settlement of the land as prayed by the possessors i.e. the Petitioners herein. It further reveals that thereupon the Deputy Commissioner, Kamrup(Metro) had passed two orders on 12.07.2016 and 13.07.2016 wherein referring to the Communi