GAHC010013612026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/530/2026 BABUL DAS AND 4 ORS SON OF LATE SANA RAM DAS

2: LABANYA DAS WIFE OF LATE AKHIL CH. DAS

3: GIRIN CH. DAS SON OF LATE AKHIL CH. DAS

4: NITUL KUMAR DAS SON OF LATE AKHIL CH. DAS

5: RANJU DAS DAUGHTER OF LATE AKHIL CH. DAS AND ALL ARE RESIDENTS OF VILLAGE- THAKURIAPARA P.O. AND P.S.- AZARA DISTRICT- KAMRUP (M)

ASSAM PIN- 78101 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, REVENUE AND DISASTER MANAGEMENT DEPARTMENT,, GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-6

2:THE DISTRICT COMMISSIONER KAMRUP (M) GUWAHATI-1

3:THE SUB-DIVISIONAL OFFICER (SADAR)

I/C LAND ACQUISITION BRANCH KAMRUP (METROPOLITAN) DISTRICT GUWAHATI

4:THE CIRCLE OFFICER AZARA REVENUE CIRCLE KAMRUP (M) DISTRICT GUWAHAT Advocate for the Petitioner : MR. A R BHUYAN, MR N Z CHOUDHURY,S LASKAR,MD A RAHMAN Advocate for the Respondent : GA, ASSAM, SC, REVENUE AND DISASTER MANAGEMENT DEPT BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

ORDER

06.02 .2026 Heard Mr. A.R. Bhuyan, learned counsel for the petitioners. Also heard Ms.

M. Barman, learned Government Advocate for the State respondents.

2. The petitioners are aggrieved that the land of the petitioner covered by Dag No.293 and K.P. Patta No. 27 of Revenue village Mirzapur under Ramchirani Mouza in the district of Kamrup (M), Assam was acquired by the State for the purpose of Aerotropolis Development at Guwahati LGBI Airport. An L.A. case being No. 14 of 2025 was instituted. However, the compensation was assessed without disclosing any valuation methodology or considering the prevailing market value, location, potentiality of the land, etc. Being aggrieved the present writ petition has been filed. The petitioners have filed an application before the District Collector on 08.08.2025. However, no specific orders have been passed thereon, instead by notice dated 05.09.2025, the some of the petitioners have been put to notice by the SDO (Sadar), I/C Land Acquisition Branch, Kamrup Metroplitan District, Guwahati directing them to submit Indemnity Bond, Copy of Jamabandi or Citha of land, Bank Account details, PAN Card, Adhaar Card, Voter ID Card, 2(Two) copies of passport size photograph, NOC if required, Legal Heir Certificate if required etc to receive the compensation from the Collector, Kamrup Metropolitan District, Guwahati.

2. Ms. M. Barman, learned Government Advocate for the State respondents submits that the land was acquired under the Assam Land (Requisition & Acquisition) Act, 1964. She further submits that Section 12 of the said Act provides for a reference to be made where any person is aggrieved by the award passed or the compensation awarded.

3. Upon perusal of the Assam Land (Requisition & Acquisition) Act, 1964, it is seen that section 12 prescribes that the collector in every case where a person is aggrieved by an award or has any disagreement with the compensation a reference shall be made to the Court. Under Section 2(b) of the Assam Land (Requisition & Acquisition) Act, 1964, the Court has been defined as principal Civil Court of original jurisdiction, and includes Court of any Additional Judge, Subordinate Judge or Munsif, whom the State Government may appoint.

4. Upon hearing the learned counsel for the parties and perusal of the writ petition, it is seen that the dispute raised by the petitioners is essentially with regard to the quantum of compensation and the award. The petitioners are not aggrieved by the acquisition process undertaken by the State. If that be so, then in view of the specific provisions under the Assam Land (Requisition &

Acquisition) Act, 1964, where there is a disagreement on the compensation awarded, the Collector is required to refer the matter to the Court and which as per the definition would be the Principal Court of civil jurisdiction. Already the petitioners have filed representation before the District Commissioner/Deputy C