NORTH EASTERN COAL FIELDS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M Z Ahmed, learned senior counsel for the review petitioner. Also heard Ms. D D Barman, learned Additional Senior Government Advocate for the respondent nos. 1, 2, 3 and 4 respectively, being the Chief Secretary to the Government of Assam, the Commissioner to the Government of Assam in the Department of Revenue, Deputy Commissioner, Tinsukia and the Circle Officer, Margherita Revenue Circle.

(2.) Office note of 28/12/2017 shows that Mr. I Rafique, Mr. S A Choudhury, Mr. B Zaman and Mr. M Deka, learned counsel had appeared on behalf of the respondent no. 5 and the office note of 26/9/2020 shows that an affidavit-in-opposition had also been filed on behalf of the respondents no. 5. But when the matter is taken up for hearing, none of the learned counsel appears on behalf of the respondent no. 5. In the absence of the learned counsel, we are compelled to proceed with the matter in their absence.

(3.) The respondent no. 5 Tarun Kumar Roy was in occupation of certain plot of land under the Margherita Revenue Circle over which he had his homestead. The review petitioner being the authorities under the Coal India Limited required the said plot of land for their operational purpose. Although it is the stand of the review petitioner that the respondent no. 5 was not the legalized owner of the land but he was in occupation of the land and also having his homestead and therefore, the authorities in the Coal India Limited deemed it appropriate that he be paid some compensation in order to persuade him to vacate the land. In the process, the review petitioner appointed the Government approved Valuer who had given an evaluation that the compensation to be paid to the respondent no. 5 would be Rs.2,12,000.00(Rupees Two Lakh Twelve Thousand). The review petitioner being the authorities in the Coal India Limited accepted the said evaluation by the Government approved valuer and paid the amount to the respondent no. 5. The respondent no. 5 being aggrieved by the said amount of compensation paid, instituted WP(C)/2795/2008.