The authority becomes functus officio after determining compensation apportionment, and cannot refer disputes to the District Judge post-disbursement.

JUDGMENT :

Vijay Bishnoi, CJ.

Heard Mr. S. Mitra, learned counsel appearing for the appellants. Also heard Mr. M.K. Choudhury, learned Senior Counsel assisted by Mr. R. Gohain, learned counsel for respondent No.1; Mr. A. Kalita, learned Standing Counsel, Industries and Commerce appearing for respondent No.3 and Mr. I.H. Saikia, learned counsel for respondent No.4.

2. This writ appeal is filed by the appellants being aggrieved with the judgment and order dated 25.05.2023 passed by the learned Single Judge in WP(C) No.6038/2021 filed by the writ petitioner/respondent No.1 herein.

3. The brief facts of the case are that vide Notification dated 10.10.2018, issued on 16.10.2018, the Ministry of Petroleum and Natural Gas, Government of India, had shown interest in acquiring the land of village No.1 Dobak, failing under Rangia Revenue Circle in the District of Kamrup, covered by Dag No.663, measuring 1 Bigha 1 Katha 17 Lechas and pursuant to that, a notice under Section 3 (1) of the Petroleum & Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (hereinafter referred to as “Act of 1962”) was issued to the land holders in whose name the land was recorded in the revenue record as well as individual notices were issued to the various pattadars. The individual notice was also issued to the respondent No.1/writ petitioner, Mastopha Ahmed (hereinafter referred as “respondent/writ petitioner”).

4. After hearing the persons to whom the notices had been issued, the amount of compensation in lieu of acquisition of the land under Dag No.663 was determined by the “competent authority”, as defined under Section 2 (a) of the Act of 1962, as per the provisions of Section 10 of the Act of 1962.

5. The Central Government deposited the compensation determined with the competent authority as per Section 11 (1) of the Act of 1962 and the competent authority issued notices to the persons interested including the respondent/writ petitioner under Section 11 (4) of the Act of 1962 to determine their entitlement to receive the compensation and the amount payable to each of them.

6. It is not in dispute that all the interested persons had appeared before the competent authority and agreed to the apportionment of the compensation to each person as determined by the competent authority on 20.03.2021. Thereafter, the said compensation amount was disbursed to the person entitled in accordance with the apportionment determined by the competent authority in the month of June, 2021.

7. The case of the respondent/writ petitioner as presented before the Writ Court was that the land falling under Dag No.663 of Village No.1 Dobak under Rangia Revenue Circle of Kamrup (Rural) district, measuring about 1 Bigha 1 Katha 17 Lechas, was recorded in the name of one Bahar Ali (since deceased) who was the original pattadar. After his death, the above referred plot of land was mutated in the name of his 4(four) sons, namely, (i) Moktar Ahmed (father of respondent/writ petitioner), (ii) Firoz Ali, (iii) Fayez Ali and (iv) Fokhruddin Ali Ahmed.

8. It was contended by the writ petitioner before the Writ Court that on 24.02.2021, one Fayez Ali (husband of respondent No.5 in the writ petition) along with his sons had obtained certain signatures by threatening him and relying on the same, presented their claim before the competent authority for receiving compensation of the acquired land and the competent authority made order for disbursement of the compensation in the name of the wife of Fayez Ali on 20.03.2021.

9. The respondent/writ petitioner claimed before the learned Single Judge that he had rais