IMPORTANT POINT
The Court established that reclassification of agricultural land requires strict adherence to statutory procedures, and failure to comply negates claims for compensation based on different land classifications.

JUDGMENT :

Devashis Baruah, J.

Heard Mr. F. Z. Mazumdar, the learned counsel appearing on behalf of the Petitioners and Mr. R. K. D. Choudhury, the learned Dy. S.G.I. appearing on behalf of the Respondent No.1. I have also heard Ms. S. Sharma, the learned Government Advocate appearing on behalf of the Respondent Nos. 2, 3 & 6 and Mr. R. K. Talukdar, the learned Standing counsel appearing on behalf of the Respondent Nos. 4 and 5.

2. The Petitioners herein have filed the instant writ petition seeking a declaration that the lands which have been acquired by the Respondent Nos. 4 and 5 through the Respondent Nos.2 and 3 are industrial lands and not agricultural lands and in the alternative seeking a writ in the nature of mandamus for disposal of the representation dated 31.05.2024 which have been submitted to the competent authority i.e. the Respondent No.3.

3. The facts involved in the instant proceedings are that the Petitioner No.1 claims to be the owner and possessor of various plots of land measuring 15 Bighas 11 Kathas 15 Chataks covered by Dag Nos. 17, 18, 20, 12, 14 and 16 of 2nd R.S. Patta No. 8, 12, 13 and 15 situated at Mouza Kazidahar Part-III Porgona Bonraj in the District of Cachar. The Petitioner No.2 also claims to be owner and possessor of various plots of land measuring 17 Bighas 19 Kathas 4 Chataks 10 Gondas covered by Dag Nos. 17, 18, 20, 12, 14 and 16 of 2nd R.S. Patta No. 8, 12, 13 and 15 in the same Mouza and Porgona.

4. From the materials on record, it is seen that on 16.10.2023, the Ministry of Road Transport and Highways had issued a notification under Section 3D of the National Highways Act, 1956 (for short “the Act of 1956”) acquiring various plots of land. In the said notification, some of the portions of the lands of the Petitioners have been shown as acquired. The classification of the lands of the Petitioners have been shown to be agriculture. It is the case of the Petitioners that the said lands are commercial lands and the Respondent Authorities while issuing the notification under Section 3D of the Act of 1956 had committed an error and in support thereof, have placed reliance on the provisional land occupation and status of land certificates issued on 07.08.2019 by the Circle Officer, Sonai Revenue Circle issued separately to both the Petitioners.

5. In addition to that, the Petitioners have also relied upon the order dated 14.09.2022 whereby the Petitioner No.2 has been granted the No Objection by the Additional Deputy Commissioner, Cachar to set up a brick kiln industry in the name and style of M/s Priya Brick Industry on the land belonging to the Petitioner No.2. It is the further case of the Petitioners that pursuant to the notification issued under section 3D of the Act of 1956, the Petitioners submitted an application seeking compensation for the acquired land claiming that the compensation should be paid in terms with commercial lands and not agricultural lands. This application was submitted on 31.05.2024 which however, as per the Petitioners have not received any favourable response for which the instant writ petition has been filed.

6. When the matter was listed before this Court on 26.07.2024 and 05.08.2024, this Court enquired as to whether any order has been passed by an authority competent to do so thereby classifying the land of the Petitioners as commercial lands. In that regard, the learned counsel appearing on behalf of this Petitioners submitted that he would file an additional affidavit. Accordingly, an additional affidavit was filed by the Petitioners on 13.08.2024. In the said additional affidavit, the Petitioners have enclosed two revenue receipts. Annexure-A to the said additional affidavit is a revenue receipt dated 17.07.2023 and Annexure-B is a revenue receipt dated the 12.08.2024. The said revenue receipt enclosed as Annexure-B to the additional affidavit is a document which had come into existence pursuant to the filing of the instant writ petition and more particularly, af