The court mandated adherence to the Direct Purchase Scheme for land acquisition, ensuring petitioners receive a fair opportunity to negotiate compensation.

ORDER :

MANISH CHOUDHURY, J.

Heard Ms. K.L.R. Yanthan, learned counsel for the petitioners; Ms. M. Das, learned Standing Counsel, Public Works Department for the respondent nos. 1 & 5; and Mr. B.J. Talukdar, learned Senior Counsel assisted by Mr. P.K. Medhi, learned counsel for the respondent nos. 2, 3 & 4.

2. In view of the nature of the issue raised and as agreed to by the learned counsel for the parties, the writ petition is taken up for consideration at the motion stage itself.

3. The petitioners have claimed that they are the owners of a plot of land, covered by Dag no. 206 & Periodic Patta no. 227, situate at Village – Garpara, Dhekiajuli Revenue Circle, District – Sonitpur. The petitioners have stated that the respondent authorities have initiated a process of land acquisition vide L.A. Case no. 03 of 2023 for the purpose of acquiring lands for the project of a road from Kankata to Ghoirali in the district of Sonitpur under the Asom Mala Project. 4. It is stated that the respondent authorities have initiated the process of land acquisition under a scheme, ‘Land acquisition through Direct Purchase by way of negotiated settlement for all Departments in the State of Assam’, as notified by a Notification no. RLA.177/2021/3 dated 07.03.2022 issued by the Revenue & Disaster Management [L.R.] Department, Government of Assam and published in the Assam Gazette on 11.03.2022.

5. The petitioners have stated that the respondent authorities are proposing to acquire the petitioners’ land measuring 1 Bigha 3 Katha 18 Lessas, which is agricultural land, and for the purpose of payment towards compensation, a total amount of Rs. 4,48,560/- has been assessed. The petitioners have stated that dissatisfied with the quantum of proposed compensation, the petitioners had submitted a representation before the District Commissioner, Sonitpur, who is also the Chairman of the District Level Land Purchase Committee [DLLPC], on 05.09.2024, highlighting their grievance regarding improper assessments and inadequate proposed compensation amount. In the writ petition, the petitioners have inter-alia contended that the proper and prevailing market value of the land proposed to be acquired has not been taken and as a result, the proposed amount of compensation is an amount which, according to the petitioners, is inadequate.

6. The petitioners had been served with a notice on 21.12.2024 by the respondent no. 4 asking the petitioners to submit a number of documents mentioned therein in connection with the compensation to be paid against the acquisition of his land, without disclosing the amount assessed towards compensation.

7. Ms. Yanthan, learned counsel for the petitioners has submitted that the petitioners are agreeable to the process of acquisition of their land by Direct Purchase method provided the procedure laid down in the Notification dated 07.03.2022 for assessment of just compensation are strictly followed and their representation is considered after giving an opportunity of hearing to the petitioners.

8. By the Notification bearing no. RLA.177/2021/3 dated 07.03.2022 the State Government has framed a scheme, namely, ‘Land acquisition through Direct Purchase by way of negotiated settlement for all Departments in the State of Assam’ [‘the Direct Purchase Scheme’, for short]. As per the Scheme, annexed to the Notification as Annexure-1, the Direct Purchase Scheme has been framed to fast track and simplify the process of land procurement with provision of opportunity to the land-losers to negotiate on the cost of their land they would be paid and the Direct Purchase Scheme has been framed with the expectation that the same would result in lesser litigation from the landowners.

9. The steps and features of the Direct Purchase method have been delineated in Clause 3 of the Notification in the following manner :-

[3] Steps and features of Direct Purchase procedure :

[i] Step 1 : The Requiring Department shall finalize the minimum extent of land required for the