PROMATHESH CHANDRA ROY Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant writ petition has been filed by the Petitioners who are 24 in numbers challenging the notice dtd. 24/5/2017 issued by Deputy Commissioner, Hojai District, Sankardev Nagar for requisition of the land belonging to the Petitioners covered by Dag No.612, Periodic Patta No.14 as well as Dag No.614, Periodic Patta No.13 situated at Hojai Town in the district of Hojai, Assam as well as also for a writ in the nature of mandamus directing the Respondent Authorities to pay appropriate compensation to the Petitioners and also to provide rehabilitation to the Petitioners for acquisition of their lands as provided under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'the Act of 2013").

(2.) From a perusal of the writ petition, it does not transpire that the Petitioners herein are aggrieved by the acquisition so made. However, the Petitioners have filed the instant writ petition only on the ground that the payment of compensation should be made in terms with the Act of 2013. It is further relevant to take note of that the Respondent No.2 had filed an Affidavit-in-Opposition as well as also an additional Affidavit-in-Opposition wherein it has been mentioned that as per the estimate so provided by the Office of the Collector, Hojai, an amount of Rs.4,55,66,961.00 was sanctioned and was issued from GM/CON/MLG vide S/MC No.76(Land)/2017 dtd. 4/8/2017 and pay order has also been issued in favour of the Deputy Commissioner, Land Acquisition Branch, Hojai. It has also been mentioned that so far the list of beneficiaries is concerned, it lies within the domain of the Office of the Deputy Commissioner, Hojai.

(3.) This Court further finds it relevant to take note of that vide an order dtd. 9/8/2023, this Court had directed the Additional District Commissioner, In-charge, Hojai to produce the records of L.A. Case No.1/2017 and the officials were also directed to ensure that in the records, the list of beneficiaries was there and accordingly, the matter was fixed on 25/8/2023. On 25/8/2023, Ms. S. Hazarika, the learned counsel appearing on behalf of the Railways submitted that in pursuance to the estimate given by the Deputy Commissioner cum Collector, Hojai, an amount of Rs.4,55,66,961.00 for acquisition of the land measuring 2 Bighas 4 Kathas 15.79 Lechas of Village Hojai Town No.1 and Hojai Town No.2 Kissam under Hojai Mouza have been duly paid to the Deputy Commissioner, Land Acquisition Branch by a pay order as far back as on 4/8/2017. On the said date, certain records were produced by Ms. S. Sharma, the learned Junior Government Advocate but this Court found that the said records so produced had no relevance to the issue involved. Under such circumstances, this Court directed the ADC In-charge, Hojai to file an affidavit by 7/9/2023 as to how much amount have been disbursed to the Petitioners pursuant to the receipt of the said amount by the Office of the Deputy Commissioner, Land Acquisition Branch, Hojai as far back as in the year 2017. It was also directed that the affidavit shall also disclose, if no amounts have been disbursed, why so. Accordingly, the matter was directed to be listed on 8/9/2023 making it clear that if the affidavit is not filed, this Court would have no other option but to pass appropriate orders against the ADC, Hojai as well as the other officials of the Land Acquisition Branch of the Office of the ADC In-charge, Hojai.