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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Manish Choudhury, J.
Sukumar Das, Son Of Late Loha Ram Das and ors. – Petitioner
Versus
The State Of Assam And Represented By Special Commissioner And Special Secretary To The Government Of Assam, Public Works (B And NH) Public Works Building And National Highway Department and ors. – Respondents
WP(C)/964 of 2025
Decided On : 21-02-2025
| Table of Content |
|---|
| 1. court mandates procedural fairness in compensation discussions. (Para 1) |
| 2. claim of land ownership and acquisition process (Para 2 , 3) |
| 3. compensation assessment and grievances raised (Para 4 , 5) |
| 4. agreement to improve compensation process (Para 6 , 11) |
| 5. direct purchase scheme steps detailed (Para 7 , 8 , 9 , 10) |
| 6. consent to negotiate for fair compensation sought. (Para 12) |
| 7. court's directive for review and timely resolution (Para 13 , 14) |
JUDGMENT :
Manish Choudhury, J.
Heard Mr. S.C. Biswas, learned counsel for the petitioners; 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 petitioners, who are brothers, have claimed that they are owners of a plot of land, covered by Dag no. 189 & Periodic Patta no. 118, 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.
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 petitioners have further submitted that in the process of acquisition, the petitioners have been informed that for the purpose of acquiring their 4 Kathas and 18 Lessas of land, total value proposed to be paid towards compensation for land @ Rs. 2,94,000/- ; for the concrete structure @ Rs. 6,54,101/-; and towards zirat compensation @ Rs. 1,56,641/-; have been assessed. Aggrieved by the quantum of proposed compensation and the manner in which the figures have been arrived at, the petitioners had submitted a representation before the District Commissioner, Sonitpur who is also the Chairman of the District Level Land Purchase Committee [DLLPC] highlighting their grievances regarding improper assessment and inadequate compensation amounts. In the writ petition, the petitioners have 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 petitioners, is inadequate.
5. 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 their land.
6. Mr. Biswas, 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 procedures laid down in the Notification dated 07.03.2022 for assessment of just compensation are strictly followed and their representation is considered after giving opportunity of hearing to the petitioners.
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 l
AI
The court held that acquisition authorities must strictly adhere to statutory procedures for fair compensation assessment in land acquisition processes, ensuring landowners' grievances are properly a....
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 la....
The court upheld the necessity of fair compensation assessment in land acquisition proceedings, emphasizing adherence to statutory procedures and personal hearings for affected landowners.
The court mandated adherence to the Direct Purchase Scheme for land acquisition, ensuring petitioners receive a fair opportunity to negotiate compensation.
The court mandated adherence to the Direct Purchase Scheme's procedures for land acquisition, emphasizing the need for fair compensation negotiations.
The court mandated adherence to the Direct Purchase Scheme for fair compensation assessment in land acquisition, ensuring the petitioner has the opportunity for a personal hearing.
The court established that reassessment of compensation post-award in a negotiated settlement is not legally permissible, ensuring the integrity of the agreed terms.
The court upheld that negotiated agreements for land compensation cannot be unilaterally altered by subsequent administrative actions, emphasizing the doctrine of promissory estoppel.
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