Point of Law: Section 12 of Act of 1964 read with Sections 18, 30 & 31 (2) of Land Acquisition Act of 1894, Court gives liberty to parties, if they have any dispute as regards apportionment of amount to file appropriate application before Collector or Land Acquisition Officer.

JUDGMENT :

1. The instant writ petition has been filed by the petitioners seeking a direction for setting aside and quashing the notice bearing No.KRA.29/2021/01 dated 16.09.2021 issued by the respondent No.3 as well as also for a direction to the respondent authorities, more particularly, to the respondent Nos.2 & 3 to release the compensation amount of Rs.78,93,750/-being the compensation for acquisition of a plot of land owned by the petitioners measuring 2 bighas 10 ½ lechas comprised in Dag No.184 (Pt) of Patta No.803 situated at village-Majirgaon, Mouza-Ramcharani under Azara Revenue Circle in the district of Kamrup (Metro), Assam.

2. From a perusal of the writ petition, it reveals that various plots of land were acquisitioned under the provisions of the Assam land (Requisition & Acquisition) Act, 1964 (for short, ‘the Act of 1964’) including a plot of land measuring 5 bighas out of a plot of land measuring 8 bighas 3 kathas 3 lechas covered by Dag No.148 of Patta No.803 of village-Majirgaon under Azara Revenue Circle in the district of Kamrup (Metro), Assam for the purpose of construction of a new terminal building for development of LGBI Airport.

3. Mr. B. J. Talukdar, the learned Additional Senior Government Advocate representing the Revenue Department of the Government of Assam had produced the Award Statement in respect to LA Case No.4/2018. The land in question has been also reflected in the said Award Statement at Sl. No.12 wherein it reveals that the total compensation so payable in respect to the land in question was Rs.1,87,50,000/-. The award statement also reflects the names of the pattadars and their fathers as well as the names of the claimants as per the Circle Officer’s report. Mr. B. J. Talukdar, the learned Additional Senior Government Advocate further submitted that the land has been acquired under the provisions of the Act of 1964, but the compensation has been paid in terms with the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, ‘the Act of 2013’).

4. In the backdrop of the above, let this Court take note of the dispute involved in the instant case. The petitioners who were also the named pattadars and entitled to a portion of the awarded amount have sought for a direction that the amount of Rs.78,93,750/- be released to the petitioners as the petitioners are the owners of a plot of land measuring 2 bighas 10 ½ lechas out of the total 5 bighas of land of Dag No.184 (Pt) covered by Patta No.803. It is further seen from Annexure-7 to the writ petition that various persons were issued notice thereby fixing 22.09.2021 for hearing to determine the land compensation pertaining to acquisition of the land. This notice has been put to challenge. The grounds on which the said notice has been put to challenge is that the said notice had been issued at the behest of the respondent No.5 who had raised an objection and that the respondent No.5 has no right to receive any amount for which the said notice dated 16.09.2021 is liable to be set aside and quashed.

5. Therefore, from the above dispute, it would be seen that the dispute falls within the ambit of the apportionment of the compensation. This Court finds it relevant to take note of Section 12 of the Act of 1964. Section 12, being relevant, is reproduced herein under:-

“12. Reference to Court.-(1) The Collector shall in every case-

(a) where any person aggrieved by an award made under sub-section (3) of Section 11 makes an application requiring the matter to be referred to the Court ; or

(b) where there is any disagreement with regard to the compensation payable under Sub-section (4) of Section 11 on the application of the person entitled to compensation requiring the matter to be referred to Court, refer the matter to the decision of the Court.

(2) Subject to the provisions of this Act, the Act provisions of the Land Acquisition Act, 1894, shall 1894 (Act I of 1894), sh