GAHC010130642024 2025:GAU-AS:17577

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/3317/2024

M/S GILLANDERS ARBUTHNOT AND CO LTD AND 3 ORS

A COMPANY REGISTERED UNDER THE COMPANIES ACT AND OWNER OF

GORUNGA TEA ESTATE,

C/O- GILLANDERSARBUTHNOT AND CO. LTD,

HAVING ITS OFFICE AT P.O-GOLAGHAT,

DIST- GOLAGHAT, PIN-785621 AND REP. BY THE AUTHORISED SIGNATORY

OF GILLANDERS ARBUTHNOT AND CO. LTD SRI BINANDA KUMAR

GOGOI

2: M/S DHANESWARI WOODS PRODUCT LIMITED

A COMPANY REGISTERED UNDER THE COMPANIES ACT AND OWNER OF

MOHEEMA TEA ESTATE

C/O- M/S DHANESWARI WOODS PRODUCT LIMITED

HAVING ITS OFFICE AT P.O-GOLAGHAT

DIST- GOLAGHAT

PIN-785626 AND REP. BY THE AUTHORISED SIGNATORY PRASANTA JYOTI

BORTHAKUR

3: M/S DUKENHENGRA TEA PRIVATE LIMITED

A COMPANY REGISTERED UNDER THE COMPANIES ACT AND OWNER OF

DUKENHENGRA TEA ESTATE

C/O- M/S DUKENHENGRA TEA PVT. LIMITED

HAVING ITS OFFICE AT P.O-BORJAN

DIST- GOLAGHAT

PIN-785626 AND REP. BY THE SENIOR MANAGER PRASANTA JYOTI

BORTHAKURAND SOCKIETING TEA ESTATE

C/O-DUKENHENGRA TEA ESTATE PVT. LTD

HAVING ITS OFFICE AT P.O- KAMARBANDHA ALI DIST- GOLAGHAT ASSAM PIN-785625 AND REP BY ITS ASSISTANT G.M ANOOP KUMAR

4: M/S AMALGAMATED PLANTATIONS PVT. LTD.

A COMPANY REGD UNDER THE COMPANIES ACT AND OWNER OF BORJAN TEA ESTATE C/O-M/S AMALGAMATED PLANTATIONS PVT. LTD. HAVING ITS OFFICE AT P.O- BORJAN DIST- GOLAGHAT ASSAM PIN-785625 AND REP. BY ITS SR. MANAGER FINANCE PANKAJ KUMAR SARM VERSUS THE STATE OF ASSAM AND 5 ORS REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND D.M DEPARTMENYT, DISPUR, GUWAHATI-06, ASSAM

2:PUBLIC WORKS DEPARTMENT (ROADS)

REP. BY THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT. OF ASSAM PUBLIC WORKS DEPARTMENT (ROADS)

DISPUR GUWAHATI-781006 ASSAM

3:THE DISTRICT COMMISSIONER GOLAGHAT PIN-785621 ASSAM

4:THE ADDL DISTRICT COMMISSIONER (LAND ACQUISITION)

O/O THE ADDL DISTRICT COMMISSIONER (LAND ACQUISITION)

GOLAGHAT PIN-785621 ASSAM

5:THE DISTRICT LEVEL LAND PURCHASE COMMITTEE (DLLPC)

GOLAGHAT REP. BY THE DISTRICT COMMISSIONER GOLAGHAT O/O THE DISTRICT COMMISSIONER (LAND ACQUISITION BRANCH )

GOLAGHAT PIN-785621 ASSAM

6:THE DISTRICT ZONAL VALUATION COMMITTEE GOLAGHAT GOLAGHAT REP. BY THE DISTRICT COMMISSIONER GOLAGHAT O/O THE DISTRICT COMMISSIONER (LAND ACQUISITION BRANCH )

GOLAGHAT PIN-785621 ASSA Advocate for the Petitioner : MR. B D DEKA, MR A DEKA,N CHAUDHURY Advocate for the Respondent : SC, REVENUE, SC, P W D,GA, ASSAM B E F O R E HON’BLE MR. JUSTICE SANJAY KUMAR MEDHI Advocate for the petitioners : Shri B.D. Deka Advocates for the respondents : Shri B. Goswami, Addl. AG, Assam, Shri P. Nayak, SC, PWD;

Ms. G. Hazarika, SC, Revenue Deptt.

Date on which judgment is reserved : 09.12.2025 Date of pronouncement of judgment : 18.12.2025 Whether the pronouncement is of the operative part of the judgment? : NA Whether the full judgment has been pronounced? : Yes JUDGMENT & ORDER

6 nos. of petitioners have joined together in this writ petition filed under Article 226 of the Constitution of India being aggrieved by the unilateral reduction of the direct purchase price of the land belonging to them. It is the case of the petitioners that such land was purchased for the Asom Mala Project by the Government after a negotiation and thereafter had reduced the agreed price.

2. The facts, stated in brief are that the petitioners are having tea gardens in the district of Golaghat and for the purpose of the Asom Mala Project, lands were required to be acquired. The State Government had notified a scheme vide Gazette notification dated 20.01.2021 for “Land acquisition through direct purchase by way of negotiated settlement for improvement and upgradation of State Highways and Major District Roads under Asom Mala Program and Externally Aided Projects (EAPs)”. The said scheme was formulated to overcome the cumbersome process of acquisition which invariably leads to litigation causing delay, both in completion of the project and also with regard to finalization of the acquisition compensatio