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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
Mozibar Rahman S/o Lt. Alal Uddin SK – Appellant
Versus
State Of Assam – Respondent
JUDGMENT AND ORDER :
DEVASHIS BARUAH, J.
Heard Mr. M. U. Mondal, the learned counsel appearing on behalf of the petitioner. Mr. J. Handique, the learned counsel appears on behalf of the respondent No.1; Mr. N. Goswami, the learned counsel appears on behalf of the respondent Nos.2, 3, 6 & 7; Mr. S. S. Roy, the learned counsel appears on behalf of the respondent No.5 and Mr. S. Islam, the learned counsel appears on behalf of the respondent No.8.
2. The petitioner herein is aggrieved by the inaction on the part of the respondent authorities in taking appropriate steps pursuant to the application filed by the petitioner under Section 64 (1) read with Section 77 of the RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT , 2013 (for short, “the Act of 2013”).
3. The materials on record further show that the grievance of the petitioner herein is that the petitioner was issued a notice that the compensation to which the petitioner would be entitled to was Rs.5,20,04,294/-. Subsequently, it has been determined that the petitioner's compensation would be Rs.3,55,87,902/-. It is the case of the petitioner that the value of the land as well as the
The court affirmed that disputes regarding compensation inadequacy must be referred to the appropriate authority under the Act, underscoring the Collector's duty to comply with statutory timelines.
Proper compensation assessment procedures under Section 64 of the 2013 Act must be followed, allowing the authority to consider referral and potential delays for justifiable reasons.
Acquisition of land – Where no award under Section 11 of Act of 1894 has been made, then, all provisions of new Act of 2013 relating to determination of compensation would apply.
The existence of alternative remedies under the Right to Fair Compensation and Transparency in Land Acquisition Act precludes the exercise of extraordinary jurisdiction by the High Court.
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