The Collector is statutorily obligated to refer disputes regarding compensation apportionment to the Court, and failure to do so renders any decision made without jurisdiction.

JUDGMENT :

Devashis Baruah, J.

Heard Mr. M. Bhagabati, the learned counsel appearing on behalf of the petitioners. Mr. H. Sarma, the learned Additional Senior Government Advocate appears on behalf of the District Administration, Ms. N. Bordoloi, the learned Standing Counsel appears on behalf of the Revenue Department and Mr. M. Mahanta appears on behalf of the private respondents.

2. The issue involved in the instant writ petition is relating to apportionment of the compensation pertaining to a plot of land admeasuring 4 Bighas 1 Katha 7 Lechas covered by Dag No. 21 of Patta No. 97 of village Lachitpur, Amingaon within the Mouza Silasindurighupa in the district of Kamrup (R), Assam.

3. From the materials on record, it transpires that in connection with L.A. Case No. 5/2011, a plot of land admeasuring 77 Bighas 2 Kathas 5 Lechas were acquired. In the said plot of land some lands pertaining to Dag No. 21 of Patta No. 97 were also acquired. The petitioners herein claim that they are entitled to compensation in respect of 4 Bighas 1 Katha 7 Lechas covered by Dag No. 21 of KP Patta No 97. However, the petitioners have only been paid compensations in respect to 1 Bigha 4 Kathas 1.5 Lechas. It is under such circumstances the petitioners had submitted an objection before the Deputy Commissioner, Kamrup (R) objecting to the apportionment of the compensation. The Deputy Commissioner, Kamrup (R) on such objection instead of making a reference to the Court decided the same vide the impugned order dated 03.10.2017 which is a subject matter of challenge in the instant proceedings.

4. The question therefore arises in the instant proceedings as regards the legality and validity of the impugned order dated 03.10.2017, as well as, as to whether this Court should issue a writ in the nature of mandamus directing the concerned Respondent Authorities to disburse the remaining part of the compensation to the petitioners. It is noticed from the records that this Court vide an order dated 28.02.2018 issued notice and further directed that no payments shall be released in favour of the private respondents in connection with the acquisition of the disputed land. The interim order thereafter continues till date.

5. To adjudicate the dispute so involved as to whether this Court or even the District Commissioner who is the Collector would be the proper forum for deciding on the question of apportionment of the compensation, this Court duly takes note of the fact that the proceedings for acquisition i.e. L.A. Case No. 5/2011 was initiated in terms with the provisions of the Land Acquisition Act of 1894 (for short ‘the Act of 1894’). However, the awards were passed post 01.01.2014 and consequently the compensation which was payable in terms with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short ‘the Act of 2013’) in view of the mandate of Section 24 of the said Act of 2013.

6. The question of the adequacy of the compensation is not an issue before this Court. However, the issue involved is as to who should be entitled to the compensation i.e. whether it is the petitioners or the private respondents who would be entitled to the compensation in respect to the plot of land admeasuring 4 Bighas 1 Katha 7 Lechas covered by Dag No. 21 of Patta No. 97.

7. It is relevant to take note at this stage some of the provisions of the Act of 1894 to decide on the legality of the impugned order. Section 11(1), 12, 30 and Sub-Section (1) and (2) of Section 31 of the Act of 1894 being relevant are reproduced herein below:

“11. Enquiry and award by Collector.- [(1)] On the day so fixed, or any other day to which the enquiry has been adjourned, the Collector shall proceed to enquire into the objections (if any) which any person interested has stated pursuant to a notice given under Section 9 to the measurements made under Section 8, and into the value of the land [ at the date of the publication of