NUR HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A Ali, learned counsel for the petitioner. Also heard Mr. S Mitra, learned counsel for the respondent GAIL. Ms. N. Bordoloi, learned standing counsel for the Revenue Department and Ms. M Barman, learned State counsel are also present.

(2.) It is submitted by Mr. Ali that over the said land the petitioner is residing with permanent houses, valuable trees/ zirat etc. The notice was issued in the name of the father of the petitioner. Accordingly, it is the contention of Mr. Ali that the respondent company has no authority to remove the permanent structure etc. accordingly prayed for shifting of the gas pipeline by passing his land and / or to provide appropriate compensation on the market value of the land to the petitioner. Vide order 12.02.2021, notice was issued by this court and in the interim the operation of the impugned notice dated 12.03.2020 was directed to be suspended.

(3.) The respondent Gas Authority of India (GAIL) has filed an application seeking for vacating / modification of the impugned order dated 10.02.2021. It is submitted by Mr. Mitra that the Deputy Secretary to the Govt. of Assam was appointed as competent authority for the pipeline project vide an official gazette notification dated 14.09.2018. As per the Section 3 of the said Act of 1962 a gazette notification was published by the Government of India dated 31.12.2018 thereby notifying the public the intention of the Government of India for acquiring the right of user of various land for the aforesaid project. The said pipeline project is required to be constructed amongst other over an area of 2 Kathas 2.5 Lechas covered by Dag No. 14 of village Bharegaon under Mouza- Paka of Sarupeta Revenue Circle and accordingly it was published in the official gazette dated 12.10.2019 under Section 3(1) of the said Act, 1962. Thereafter, the notice under Section 6(1) of the said Act, 1962 was published thereby acquiring the right of user for various plots of land including 2 Kathas 2.60 Lechas which is the subject matter in this writ petition. The said process was initiated and completed after joint field verification was carried out by the representative of the Circle Officer, GAIL and the concerned land owners affected. The compensation was determined by the competent authority as per the provision of the Act, 1962 after considering the value of zirats fixed by the Agriculture Department of the State and as the petitioner failed to comply with the pre-disbursal conditions namely non-submission of the required documents, non signing of the declaration form for receiving compensation and the indemnity bond, therefore the compensation could not be processed and disbursed. It is also indicated that the name of the petitioner was not recorded over the said land and as such notice was issued in the name of the father of the petitioner.