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2025 Supreme(Online)(Gau) 7311

GAUHATI HIGH COURT
MR JUSTICE ARUN DEV CHOUDHURY, J
THE STATE OF ASSAM AND ANR. – Appellant
Versus
DILIP KUMAR THAPA AND 6 ORS. – Respondent


Advocates:
For the Appellants/Petitioners: MR. R BORPUJARI
For the Respondents: DY.S.G.I. appearing for DILIP KUMAR THAPA AND 6 ORS.

O R D E R

12.08.2025

1. The present writ petition filed by the State requires a determination as to whether the enhanced land acquisition compensation awarded in the respective reference cases preferred by the respondent Nos. 1 to 5 is required to be paid by the State of Assam or by the Union of Indian in the Ministry of Human Resources Development (now Ministry of Education).

2. The acquisition in question was initiated for the purpose of acquiring lands to establish the Indian Institute of Technology, IIT at Guwahati. Referring to the land acquisition proceeding, more particularly, the acquisition notices under the provisions of Land Acquisition Act, 1894 (since repealed), Mr. R.K.D. Choudhury, learned Dy. SGI argues that the land acquisition proceeding was initiated for the State of Assam and the State of Assam shall be the appropriate Government and therefore, the Ministry of Human Resources Development (now Ministry of Education) cannot be fastened with the liability of payment of enhanced land acquisition compensation, inasmuch as, the Union of India in the concerned Ministry has facilitated and the paid the cost of construction of IIT, Guwahati.

3. Per contra, Mr. A Bhattachar

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