GAHC010188762025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/5083/2025 MOZIBAR RAHMAN S/O LT. ALAL UDDIN SK, R/O VILL- KUMARDIHI PART-II, P.O.- BILASIPARA, P.S.- BILASIPARA, DIST- DHUBRI (ASSAM), PIN-783348 VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPT., DISPUR, GHY-06

2:THE DISTRICT COMMISSIONER CUM DISTRICT COLLECTOR DHUBRI ASSAM

3:THE COMPETENT AUTHORITY FOR LAND ACQUISITION (CALA) CUM ADC DHUBRI DISTRICT ASSAM

4:THE UNION OF INDIA REPRESENTED BY THE MINISTRY OF RAILWAY DEPARTMENT NEW DELHI-1

5:THE N.F. RAILWAY REPRESENTED BY THE GENERAL MANAGER N.F. RAILWAY MALIGAON P.O.- MALIGAON DIST- KAMRUP (M)

ASSAM GHY-11

6:THE SUB DIVISIONAL OFFICER CIVIL BILASIPARA P.O. AND P.S.- BILASIPARA DIST- DHUBRI ASSAM PIN-783348

7:THE CIRCLE OFFICER CUM ASSISTANT SETTLEMENT OFFICER BILASIPARA REVENUE CIRCLE BILASIPARA P.O. AND P.S.- BILASIPARA DIST- DHUBRI ASSAM PIN-783348

8:ABDUS SALAM S/O LT. ALAL UDDIN SK VILL- KAMARDIHI PT-II P.O.- TILAPARA P.S.- CHAPAR DIST- DHUBRI (ASSAM)

PIN-78337 For the Petitioner(s) : Mr. M. U. Mahmud, Advocate For the Respondent(s) : Mr. J. Handique, SC, Revenue Mr. N. Goswami, Govt Advocate Mr. S. S. Roy, Dy. SGI Mr. S. Islam, Adocate BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R

17.02.2026 Heard Mr. M. U. Mahmud, the learned counsel appearing on behalf of the petitioner. Mr. J., Handique, the learned counsel appears on behalf of the respondent No.1; Mr. N. Goswami, the learned counsel appears on behalf of the respondent Nos.2, 3, 6 & 7; Mr. S. S. Roy, the learned counsel appears on behalf of the respondent No.5 and Mr. S. Islam, the learned counsel appears on behalf of the respondent No.8.

2. The petitioner herein has approached this Court being aggrieved by the inaction on the part of the respondent No.2 in failing to refer the dispute pertaining to enhancement of compensation as is mandated under law.

3. This Court duly takes note of that the acquisition has been carried out in terms with the Assam Land (Requisition and Acquisition) Act, 1964. The land acquisition proceedings is registered as LA Case No.1/2022-23.

4. The materials on record further show that the grievance of the petitioner herein is that the petitioner was issued a notice that the compensation to which the petitioner would be entitled to was Rs.5,20,04,294/-. Subsequently, it has been determined that the petitioner's compensation was Rs.3,55,87,902/-. It is the case of the petitioner that the value of the land as well as the building standing thereupon have not been taken into consideration as per the mandate of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and more particularly, Sections 26 to 30 of the said Act of 2013. It is under such circumstances, the petitioner therefore filed an application seeking a reference on 21.04.2025.

5. The inaction on the part of the respondent No.2 to make a reference has constrained the petitioner to approach this Court by filing the present writ petition.

6. It is noticed that upon filing of the writ petition on 03.09.2025, notice was issued specifically observing that the pendency shall not be a bar upon the respondent No.2 to act on the application of the petitioner strictly in accordance of law.

7. Today, when the matter is being taken up, this Court sought for instructions as to why steps have not been taken in pursuance to the application submitted by petitioner on 21.04.2025, Mr. N. Goswami, the learned counsel submitted that the District Commissioner, Dhubri has already reassessed.

8. Under such circumstances, this Court enquired as to whether any award has been passed, which is the requirement as per law. No information in that regard has been placed.

9. Considering the above, list this matter again on 23.02.2026. 10. The respondents herein, more particularly the District Commissioner, Dh