GAHC010048012021

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THE GAUHATI HIGH COURT

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

Case No. : WP(C)/1735/2021

GOPAL BRAHMA @ GOPAL BORO

S/O- LT. TARANI BORO, R/O- VILL- GADHULIGAON, P.S. PATACHARKUCHI,

DIST.- BAKSA, BTAD, ASSAM, PIN- 781372

VERSUS

THE UNION OF INDIA AND 12 ORS.

REP. BY THE DEFENCE SECRETARY TO THE GOVT. OF INDIA, MINISTRY

OF DEFENCE, SOUTH BLOCK, NEW DELHI- 110011

2:THE STATE OF ASSAM

REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM

REVENUE AND DISASTER MANAGEMENT DEPTT.

JANATA BHAWAN

DISPUR GHY-06

3:THE BODOLAND TERRITORIAL COUNCIL

REP. BY ITS PRINCIPAL SECRETARY

BODOLAND SECRETARIAT

BODOFA NWGWR

KOKRAJHAR

BTR

ASSAM- 783370

4:THE DEFENCE SECRETARY TO THE GOVT. OF INDIA

MINISTRY OF DEFENCE

SOUTH BLOCK

NEW DELHI- 110011

5:THE COMM. AND SECY. TO THE GOVT. OF ASSAM

REVENUE AND DISASTER MANAGEMENT DEPTT.

JANATA BHAWAN DISPUR GHY-06

6:THE PRINCIPAL SECRETARY BODOLAND TERRITORIAL COUNCIL BODOLAND SECRETARIAT BODOFA NWGWR KOKRAJHAR BTR ASSAM- 783370

7:THE CHIEF OF ARMY STAFF INDIAN ARMY INTEGRATED HEADQUARTERS OF MINISTRY OF DEFENCE (ARMY)

SOUTH BLOCK NEW DELHI- 110011

8:THE GENERAL OFFICER COMMANDING-IN-CHIEF EASTERN COMMAND INDIAN ARMY FORT WILLIAM HASTINGS KOLKATA- 700021

9:THE DIRECTOR GENERAL DEFENCE ESTATES MINISTRY OF DEFENCE GOVT. OF INDIA RAKSHA SAMPADA BHAWAN ULAANBAATAR MARG DELHI COMMANDANT NEW DELHI- 110010

10:THE DEFENCE ESTATES OFFICER TEZPUR CIRCLE TEZPUR DIST.- SONITPUR ASSAM- 784001

11:THE DY. COMMISSIONER BAKSA MUSHALPUR DIST.- BAKSA BTR ASSAM- 781371

12:THE CIRCLE OFFICER JALAH REVENUE CIRCLE JALAHGHAT DIST.- BAKSA BTR ASSAM- 784001

13:THE COMMANDING OFFICER ARMY CAMP SIMLA INDIAN ARMY C/O 99 AP Advocate for the Petitioner : MR. P D NAIR, MR. H ROHMAN,S R A NASER,MR G ALAM Advocate for the Respondent : ASSTT.S.G.I., MR A BHATTACHARYA (SC, REVENUE AND DISASTER MANAGEMENT DEPARTMENT),MR H GUPTA,MR H GUPTA,MR. C K S BARUAH,SC, BTC,SR. GA, ASSAM BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

ORDER

05.12.2025

1. Heard Mr. P.D. Nair, learned counsel for the petitioner. Also heard Mr. H.

Gupta, learned CGC for the respondent nos. 1, 4, 7, 8, 9, 10 & 13; Mr. A. Bhattacharya, learned Standing Counsel, Revenue and Disaster Management Department for the respondent no. 2; Mr. B.C. Muchahary, learned Standing Counsel, BTC for the respondent nos. 3, 6 & 12 and Ms. M. Barman, learned counsel for the respondent no. 11.

2. The claim of the petitioner in this writ petition is that a certain plot of land, along with constructions thereon, was occupied by the Indian Army from 2008 for the purpose of establishing a Company Operating Base (COB). The petitioner contends that he was neither receiving rent nor any compensation for such occupation. He approached the authorities for redress, but when his representations went unheeded, he filed the present writ petition before this Court. Subsequent to the filing of the petition, the Indian Army vacated the land and the constructions thereon. Various affidavits were filed by the contesting respondents, wherein the ownership of the petitioner over the plot of land and the constructions was disputed. The Union of India, in its stand, submitted that since the assessment of the land and determination of compensation, if any, had not been made by the state authorities, they were not in a position to pay any compensation.

3. The learned counsel for the BTC has drawn the attention of this Court to the para-wise reply submitted by the Circle Officer of Jalah Revenue Circle, Jalahghat, BTAD, to the Secretary (Revenue), BTC, Kokrajhar. In the reply, it has been clarified that, as per the latest Mandal report, the plot of land is recorded in the name of the petitioner herein, and on the said plot of land, pucca houses exist which were then used by the Army Camp. The Circle Officer, Jalah, also received a letter from the Office of the Deputy Commissioner, Baksa, seeking a detailed report, and in response, the report stated as follows: –

i. Name of Original Pattadar: Sri Gopal Brahma, S/O. Tarani Boro