IMPORTANT POINT
The doctrine of legitimate expectation requires a legal basis for claims against public authorities, which was not established in this case.

JUDGMENT :

(N. Unni Krishnan Nair, J.) :

Heard Mr. S. Banik, learned counsel for the petitioner. Also heard Mr. R. R. Gogoi, learned Standing Counsel for the Public Health Engineering (PHE) Department appearing for the respondents no. 1, 3, 4, 5, 6 & 7 and Mr. N. Goswami, learned Government Advocate, Assam for the respondent no. 2.

2. As consented to by the learned counsels appearing for the parties, the present writ petition is taken up for final consideration and disposal.

3. The petitioner, by way of instituting the present proceeding has sought for a direction upon the authorities of the Public Health Engineering (PHE) Department for implementation of a new Piped Water Supply Scheme (PWSS) under “Jal Jeevan Mission” on the land of the petitioner. The petitioner in the alternative has also prayed for a direction upon the respondent authorities for refund of an amount of Rs. 1,60,000/- (Rupees One Lakh and Sixty Thousand) purportedly, paid by the petitioner to the respondent authorities in connection with the implementation of the said scheme and also prayed for a compensation to the tune of Rs. 26, 00,000/-(Rupees Twenty Six Lakhs) for demolition of his dwelling houses.

4. As projected in the writ petition, the petitioner is a owner of a plot of land measuring 2 Katha 10 Lechas, covered by K. P. Patta No. 217, Dag No. 414 situated at village, Tinsukia, Mouza: Juria, Sub-Division: Nagaon. The petitioner further contends that for the purpose of implementation of PWSS under the “Jal Jeevan Mission”, the authorities of the PHED, Nagaon along with the President of Tinsukia Gaon Panchayat had inspected the plot of the land of the petitioner. It is also contended that on completion of such inspection, the petitioner was required to demolish his residential houses situated over the plot of land, so as to facilitate the implementation of the said scheme under the “Jal Jeevan Mission”, therein. The petitioner contends that in terms of the requirement so made of him, he had demolished his dwelling places standing over the plot of land.

5. The petitioner further projects that in the month of December, 2022; a Water User Committee (WUC) was constituted with the petitioner, herein, as its President. Similar committees were also constituted for 08 other sites wherein such similar schemes were to be implemented. The petitioner, in terms of the requirements so made of him, had paid an amount of Rs. 1,20,000/- to the husband of the President of Tinsukia Gaon Panchayat and had also paid an amount of Rs. 10,000/- to the Section Officer, PHED, Singia Section, Nagaon. The petitioner further projects in the writ petition that after demolition of his dwelling houses and the development as noticed herein above, the respondent authorities had resiled from the promise so made to him and refused to implement the said scheme over the plot of land of the petitioner.

6. The petitioner, on being aggrieved, approached the Deputy Commissioner, Nagaon by way of a representation dated 02.07.2023. Similar representations were also made before the authorities of the PHED. The petitioner contends that in addition to the loss so sustained by him on account of demolition of his dwelling houses and also the payment of an amount of 1, 60,000/- as per request made of him by the authorities for the purpose of implementation of the said scheme over the plot of land, a legitimate expectation had also arisen for having the said scheme implemented over his plot of land, however, the respondent authorities refused to implement the said scheme and had identified another plot of land for the purpose. The respondent authorities having not considered the entreaties made by the petitioner before them, the petitioner had instituted the present proceeding.

7. Mr. S. Banik, learned counsel for the petitioner by reiterating the facts as noticed herein above, submits that the projections as made by the petitioner in the writ petition would go to demonstrate that the respondent authorities