The court emphasized the necessity for fair negotiation in land acquisition processes, mandating that compensation assessments align with prevailing market values and involve personal hearings for landowners.

ORDER :

Manish Choudhury, J.

Heard Mr. S.C. Biswas, learned counsel for the petitioner; Mr. B. Choudhury, learned Standing Counsel, Public Works Department for the respondent nos. 1 & 5; and Mr. J. Handique, learned Junior Government Advocate, Assam for the respondent nos. 2, 3 & 4.

2. The petitioner has claimed that he is the owner of a plot of land, covered by Dag no. 76 & Periodic Patta no. 29, situate at Village – Gormora Pathar, Dhekiajuli Revenue Circle, District – Sonitpur. The petitioner has 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.

3. It is stated that the respondent authorities have initiated the process of land acquisition under the 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.

4. The petitioner has further submitted that in the process of acquisition, the petitioner has been informed that for the purpose of acquiring 3 Kathas 2 Lessas land out of his plot of land under Dag no. 76 & Periodic Patta no. 29, Rs. 86,250/- per Bigha has been assessed. Aggrieved by the quantum of proposed compensation, the petitioner had submitted a representation before the District Commissioner, Sonitpur, on 29.08.2024, who is also the Chairman of the District Level Land Purchase Committee [DLLPC] highlighting his grievance regarding improper assessments and inadequate proposed compensation amounts. In the writ petition, the petitioner has inter-alia contended that the proper and prevailing market value of the lands proposed to be acquired has not been taken and as a result, the proposed amount of compensation is an amount which, according to the petitioner, is inadequate.

5. The petitioner had been served with a notice on 21.12.2024 by the respondent no. 4 asking the petitioner to submit a number of documents mentioned therein in connection with the compensation to be paid against the acquisition of his land.

6. Mr. Biswas, learned counsel for the petitioner has submitted that the petitioner is agreeable to the process of acquisition of his land by Direct Purchase method provided the procedures laid down in the Notification dated 07.03.2022 for assessment of just compensation are strictly followed and his representation is considered after giving opportunity of hearing to the petitioner.

7. 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 exception that the same would result in lesser litigation from the landowners.

8. 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 public purpose and submit requisition to the concerned Deputy Commi