IMPORTANT POINT
The court established that reassessment of compensation post-award in a negotiated settlement is not legally permissible, ensuring the integrity of the agreed terms.

JUDGMENT :

Arun Dev Choudhury, J.

1. Heard Mr. S Borthakur, learned counsel for the petitioners. Also heard Mr. P Nayak, learned standing counsel, PWD appearing for respondent No.1, Mr. S Dutta, learned counsel appearing for respondent No.2 and Ms. S Sarma learned counsel for respondent Nos.3 & 4.

2. These two writ petitions are taken up for final disposal together as identical facts and issues are involved in this case and the learned counsel for the parties have also agreed.

3. The case of the petitioners in a nutshell is that the land of the petitioners have been acquired for the construction of roads under “Assam Mala”, a notification dated 20.01.2021 introduced by the Government of Assam for improvement and up-gradation of State Highways and Major District Roads and externally aided projects. Such lands are to be acquired through direct purchase by way of a negotiated settlement. According to the petitioners, they have been paid the land acquisition compensation only to the extent of 50% of the total awarded amount, however, the remaining 50% has not been paid to them.

4. In the aforesaid backdrop, the present writ petitions are filed seeking a direction to release the compensation amount already determined and agreed in favour of the petitioners against the acquisition of their land and building.

5. The Deputy Commissioner has filed an affidavit, inter alia contending that based on public complaint submitted by one Shri Minturaj Kaman and others, a case was registered at Dhemaji PS vide Dhemaji PSE No.149/2023 under section 120(B)/420/406/409 IPC and vigilance PSPE No.07/2023 of the Chief Minister’s Special Vigilance Cell was registered and investigation process is underway.

6. It is the stand of the respondent Deputy Commissioner cum Collector that after receiving the allegation from Public Accounts Committee, based on the complaint of said Shri Minturaj Kaman, wherein allegation of anomalies in assessing compensation of the land acquired at village Pathalial under Dhemaji Revenue Circle was raised, and accordingly Assessment Committee was formed and reassessment was carried out by such committee. It was found that there was a huge amount of difference between the earlier assessment and the new assessment made by the Committee and in that background, the matter was forwarded to the Principal Secretary to the Govt. of Assam, Revenue and Disaster Management Department for suitable instruction and in that background payment has not been made.

7. The Revenue Department has not filed any affidavit to explain their stand.

8. Before dealing with the arguments advanced by the learned counsel for the parties, let this court first record the undisputed facts which are available on record and from the pleadings of respective parties, in the following manner.

I. The Governor of Assam was pleased to notify its intention to acquire land by way of direct purchase through a negotiated settlement for the improvement and up-gradation of State Highways and Major District Roads under the Assam Mala Programme and externally aided projects. Such notification was published in the official gazette on 20.01.2021. The detailed procedure of notification dated 20.01.2021 is provided in the Annexure-1 of the notification. It is further provided that the effect of Annexure – 1 will come into force with effect from the date of publication in the official gazette and will remain in operation till such time as the State Government may consider fit and proper.

II. The said Assam Mala scheme also included the construction of a road namely “Dhakuakhana to Dhemaji Telejan connecting road”, which passes through Machkhowa, Dhemaji. It was not in dispute that the petitioners' lands were acquired under the said Assam Mala scheme and as per notification dated 20.01.2021. It is also not in dispute that initially assessment was done and on the basis of the assessment made, the amount to be awarded was also determined in terms of the notification dated 20.01.2021 and accord