Government is obligated to provide timely public services, including land demarcation, under the Assam Right to Public Services Act, 2012.

ORDER

Date : 27.05.2022 Heard Mr. R. P. Hazarika, learned counsel for the petitioner; Mr. B. Sarma, learned Central Government Counsel for the respondent no. 1; and Mr. M. Chetia, learned Junior Government Advocate, Assam for the respondent no. 3.

2. The petitioner has instituted this writ petition under Article 226, Constitution of India seeking inter-alia a direction to the respondent authorities, more particularly, to the respondent no. 4 to demarcate the land of the petitioner and also a direction to the respondent no. 2 to release the remaining part of the compensation in respect of the plot of land in respect of which Right to User has been acquired under the provisions of the Petroleum and Mineral Pipeline [Acquisition of Right of User in Land] Act, 1962.

3. The petitioner has claimed that he is the owner of a plot of land measuring 8 Bighas 16 Lessas, covered by Dag no. 37 and Patta no. 25, located in Village - Kakila Pathar, Gohpur Revenue Circle, Mouza - Gohpur, District - Biswanath [hereinafter referred to as ‘the subject-

plot’, for easy reference].

3.1 It is the case of the petitioner that he was served with a notice by the respondent no. 2 under Section 3[1] of the Petroleum and Mineral Pipeline [Acquisition of Right of User in Land] Act, 1962 whereby it was informed to the petitioner that the respondent no. 2 had intended to acquire the Right of User of a parcel of land covered Dag no. 37 and Patta no. 25 belonging to the petitioner in public interest to lay the underground pipeline by Indradhanush Gas Grid Limited [IGGL] for transportation of Natural Gas in the State of Assam. By the said notice, the petitioner was asked to submit his objection in respect of the installation of the said pipeline in that part of the subject-plot, mentioned in the notice.

3.2 It is the further case of the petitioner that the subject-plot is located near Holangi River and during the rainy season and after the rainy season, the subject-plot got covered by sand & dunes. As a result, it has become difficult to identify the boundaries of the subject-plot in a definite manner. Due to difficulties faced by the petitioner to identify the definite boundaries of the subject-plot, the petitioner has been prevented to file any effective objection with regard to acquisition of Right to User and to seek proper compensation. Facing with such situation, the petitioner had preferred an application before the respondent no. 4 seeking demarcation of the boundaries of the subject-plot on 17.01.2022. Claiming that no discernible action has been taken from the end of the respondent nos. 3 and 4 till date on the said application dated 17.01.2022, the petitioner has approached this Court by this writ petition seeking the direction, mentioned above. In essence, the petitioner has sought for demarcation of the boundaries of the subject-plot. The prayer for direction to disburse just and adequate compensation for acquiring the Right of User in a part of the subject-plot can only be possible when demarcation of the boundaries of the subject-plot is carried out.

4. The Assam Right to Public Services Act, 2012 [‘the Act’, for short] has been enacted by the Assam Legislative Assembly in order to provide for delivery of notified public services to the people of the State of Assam within the stipulated time limit and for matters connected therewith and incidental thereto. The Act received the assent of the Governor of Assam on

27.04.2012 and was notified by a notification dated 02.05.2012. The Act has been published in the Assam Gazette in its issue dated 02.05.2012. As per Section 2[h], ‘Right to Public Service’ means right to obtain the notified service under the Act from time to time within the stipulated time limit as described under Section 5 and as per Section 2[i], ‘notified service’

means any service notified by the State Government un