JUDGMENT :

The instant writ petition has been filed by the petitioner challenging the order dated 17.10.2017 passed by the Deputy Commissioner, Kamrup, Amingaon whereby the Deputy Commissioner, Kamrup, Amingaon passed an order that the ryots would also be entitled to a part of the compensation in respect to LA Case No.11/2012.

2. The facts involved in the instant case in brief are that one Shri Jagadhar Choudhury and Shri Hemadhar Choudhury were the original owners and Pattadars of agricultural lands measuring 19 bighas, 3 Kathas 6 Lechas covered by Dag Nos.108 and 109 of N.K. Patta No.6 of Maliata Revenue Village under Palashbari Revenue Circle in the district of Kamrup, Assam.

3. It is the further case of the petitioner that there were seven occupancy tenants who used to cultivate their lands earlier under the respondent Nos.5 & 6 were issued the Khatian No.43. Subsequent to the change of the character of the land and as the land became not suitable for agriculture purposes, there was no further cultivation over the said land by the said occupancy tenants. It is the further case of the petitioner that the respondent No.7 had executed a Deed of Relinquishment in favour of the respondent Nos.5 & 6 whereby the possession of 7 bighas out of 20 bighas of land covered by Dag No.108 of Patta No.6 (vide Khatian No.43, situated at village Maliata Revenue Village, Mouza-Chayani under Palashbari Revenue Circle) was handed over to the respondent Nos.5 & 6. This registered Deed of Relinquishment was executed on 16.02.2008, and thereupon, the petitioner purchased the said land vide the registered Deed of Sale bearing Deed No.5220/2008 dated 31.03.2008. It is the further case of the petitioner that the respondent Nos.8, 9 to 12 and 13 to 17 all executed the Deed of Relinquishment in favour of the respondent Nos.5 & 6, and thereupon, the respondent Nos.5 & 6 vide various Deeds of Sale bearing Deed No.5370/2008 dated 05.04.2008, Deed No.5426/2008 dated 07.04.2008 and Deed No.5281/2008 dated 04.04.2008 transferred the said land mentioned therein to the petitioner.

4. In the backdrop of the above, this Court further finds it relevant to take into account the dispute involved herein. A land acquisition proceedings was initiated for acquisition of land measuring 19 bighas 3 Kathas 6 Lechas for establishment of IIT at village -Maliata under Palasbari Revenue Circle. The said land acquisition proceedings, as per the petitioner and the counsel appearing on behalf of the Deputy Commissioner, was done so in terms with the provisions of the Land Acquisition Act, 1894. After the enquiry so conducted by the Deputy Commissioner, the petitioner received the notice dated 03.06.2017 issued by the respondent No.3 regarding the payment of compensation of land.

In the said notice, it was mentioned that 1/4th of the said compensation shall be paid to the seven numbers of tenants whose names were recorded as per the report of the respondent No.4. It is relevant to mention that prior to the issuance of the notice dated 03.06.2017, the petitioner submitted objection to the Deputy Commissioner (Land Acquisition Branch) on 08.06.2016 which was followed by another objection dated 15.06.2016 objecting to the payment of any part of the compensation to the tenants on the ground that the tenants have already relinquished their rights over the land in question. Further to that, the petitioner has issued another communication to the Additional Deputy Commissioner (Land Acquisition Branch) on 19.06.2017 requesting that the said payment should not be made to the seven tenants as they have already relinquished their rights in favour of the predecessors-in-interest of the petitioner, i.e. the respondent Nos.5 & 6. Inspite of the said objection being filed, the Deputy Commissioner, Kamrup, Amingaon passed the impugned order dated 17.10.2020 whereby it was decided that the amount Rs.41,87,580/-would be paid to the seven tenants and the remaining amount would be paid to the petitioner