ORDER

Heard Mr. S. Hoque, learned counsel for the petitioner; Ms. K. Phukan, learned Central Government Counsel [CGC] for the respondent nos. 1 & 2; and Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent nos. 3, 4 & 5.

2. The petitioner has claimed that he along with his brother is a co-owner of a plot of land measuring 3 kathas 13 lessas, covered by Dag no. 485 & Patta no. 263, situate at Ward no. 5, Sorbhog Town, Barnagar Revenue Circle, District – Barpeta [‘the subject-plot’, for short]. The petitioner has claimed that he is in occupation of the aforesaid subject-plot.

3. The petitioner has stated that by a Notice dated 08.10.2024 [Annexure-B], the respondent no. 3 had proposed to acquire a parcel of land measuring 7 Bighas 1 Katha 19 Lessas [07B-01K-19L] for a project : ‘Construction of ROB in Replacement of Railway Level Crossing Gate No. SK-38 at Rly K.M. 288/5-6 at Sorbhog, District – Barpeta, Assam under Construction of ROBS on 50 : 50 Cost Sharing Basis’ [‘the Project’, for short] under Direct Purchase Scheme through mutual understanding. The petitioner has stated that an area of 17 lessas out of the petitioner’s subject-plot has been sought to be acquired for the Project through Direct Purchase Scheme at a price of Rs. 20,27,250/-. It is the case of the petitioner that proper procedure for acquisition of the land under the Direct Purchase Scheme was not followed. Moreover, the compensation fixed @ Rs. 20,27,250/- is much less than the current market value of the subject-plot, which falls under 2nd Class Business category of land.

4. Ms. Barman, learned Junior Government Advocate appearing for the State respondents has submitted that the area of land measuring 07B-01K-19L has been sought to be acquired under the policy on land acquisition through Direct Purchase Scheme by way of negotiated settlement for which the land-owner’s consent is necessary. Whether the petitioner has consented for acquisition of the area of land measuring 17 lessas out of the subject-plot and has agreed to the price proposed are to be traversed in the counter affidavit. She has, thus, sought for time to obtain instructions and to file counter affidavit on behalf of the State respondents.

5. Issue notice, returnable on 08.06.2026.

6. As Ms. Phukan, learned CGC has appeared and accepted notices on behalf of the respondent nos. 1 & 2; and Ms. Barman, learned Junior Government Advocate has appeared and accepted notices on behalf of the respondent nos. 3, 4 & 5, issuance of formal notice to the respondents is dispensed with. Mr. Hoque, learned counsel for the petitioner shall furnish requisite nos. of extra copies of the writ petition along with the annexures to Ms. Phukan and Ms. Barman within 3 [three] working days from today.

7. The aspects of acquisition of the petitioner’s 17 lessas of land and the fixation of compensation @ Rs. 20,27,250/- are made be subject of the outcome of the writ petition.

8. List the case on 08.06.2026.