GAHC010285042025 2026:GAU-AS:1927 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/249/2026 MONOWARA KHATUN W/O- LATE ABDUL MANNAF VILL- CHITAKUTA PART II P.O-CHIRAKUTA P.S- CHAPAR DIST. DHUBRI ASSAM PIN-783348 VERSUS THE STATE OF ASSAM AND OTHRS REPRESENTED BY THE COMMISSIONER SECRETARY, GOVT. OF ASSAM, REVENUE DISASTER MANAGEMENT DEPARTMENT, DISPUR, GHY-06.

2:THE DISTRICT COMMISSIONER CUM DISTRICT COLLECTOR DHUBRI ASSAM.

3:THE COMPETENT AUTHORITY FOR LAND ACQUISITION (CALA) CUM (ADDITIONAL DISTRICT COMMISSIONER DHUBRI DISTRICT ASSAM.

PIN-783301.

4:THE CO DISTRICT COMMISSIONER (CDC)

BILASIPARA DIST. DHUBRI ASSAM PIN- 783348.

5:THE CIRCLE OFFICER CUM ASSISTANT SETTLEMENT OFFICER CHAPAR REVENUE CIRCLE CHAPAR P. O P.S- CHAPAR DIST- DHUBRI ASSAM PIN- 783371 Advocate for the petitioner(s): Mr. AK Mollah Advocate for the respondent(s): Ms. G Hazarika, Standing Counsel, Revenue Department B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH

ORDER

11.02.2026 Heard Mr. AK Mollah, the learned counsel appearing on behalf of the petitioner. I have also heard Ms. G Hazarika, the learned Standing Counsel, Revenue Department who appears on behalf of the respondent No.1 and Mr. PK Medhi, the learned Government Advocate Assam who appears on behalf of the respondent Nos.2, 3, 4 and 5.

2. The dispute involved in the instant proceedings in the opinion of this Court can be decided at the motion stage itself. Accordingly, the instant writ petition is taken up for disposal at the motion stage.

3. The facts involved in the instant writ petition is that the land of the petitioner ad measuring 1 bigha 2 kathas 10 lechas covered by Dag No.224/130 of patta No. 34 at village Chirakuta, Part.I under Chapar Revenue Circle in the district of Dhubri was acquired in connection with LA Case No.2/2025-26. A notice/award was issued bearing No.245, L.A. Case No.2/2025 wherein against the total plot of land ad measuring 5 bigha, 3 kathas, 11.15 lachas, an amount of Rs.1,39,83,845.00/- has been awarded.

4. The grievance of the petitioner herein is that the compensation awarded, insofar as the petitioner's land is concerned, is inadequate and under such circumstances, the petitioner on 31.10.2025 submitted an application under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Re-settlement Act, 2013, (for short, ‘the Act of 2013’) seeking reference on the question of enhancement of the compensation in connection with the Award No.245, L.A Case No.2/2025-26. The said application, which is filed on 31.10.2025, has not been taken into consideration by the respondent No.2. Being aggrieved, the petitioner, therefore, has approached this Court by filing the present writ petition.

5. It appears from the materials on record that on 21.01.2026, this Court sought for instructions. However, no instructions have been placed. Considering the fact that the petitioner had submitted an application seeking Reference in terms with Section 64 of the Act of 2013, it is the incumbent duty of the respondent authorities, more particularly, the respondent No.2 to take effective steps in terms with Section 64 of the Act of 2013. As the respondent No.2 had failed to do so, this Court, therefore, is of the opinion that certain directions are required to be passed. Accordingly, the writ petition stands disposed of with the following observations and directions:

(i). The respondent No.2 is directed to forthwith, upon receipt of a certified copy of the instant order, make a reference in terms with Section 64 of the Act of 2013 in respect to the application so filed by the petitioner on 31.10.2025.

(ii). It is further observed, for the sake of clarity, that in the circumstance, in the meantime, the reference has already been made, the directions so passed in Clause (i) hereinabove need not be complied with.

(iii). The petitioner would be at liberty to accept the amount as mentioned in the notice under protest