LAWS(GAU)-2024-1-73

BHANUMATI DUTTA Vs. STATE OF ASSAM

Decided On January 30, 2024
Bhanumati Dutta Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Ms. R. Choudhury, the learned counsel for the petitioners and Ms. S. Sarma, the learned counsel appearing on behalf of the respondent No.4 as well as Mr. R. Borpujari, the learned Standing Counsel, Finance Department as well as the Revenue Department. None has appeared on behalf of the Forest Department on call.

(2.) The case of the petitioner herein is that the Sub-Divisional Officer, Karimganj (L.A. Branch) had initiated steps for requisition of 15 bighas 17 kathas 11 chattaks of land which included the land of the petitioners for construction of the Departmental Building of the Forest Office at Karimganj. Annexure-A is the communication by which the said requisition proceedings was initiated. It further reveals from the records that the Divisional Forest Officer, Karimganj who is the respondent No.8 had issued a communication dtd. 4/10/2004 informing the respondent No.5, i.e. the Principal Chief Conservator of Forest, Assam that the original estimated value of the land was Rs.4,53,606.55 and the supplementary estimated value as per the Deputy Commissioner, Karimganj was Rs.5,74,416.55p which was paid by the Department. Therefore, the balance amount of Rs.4,58,002.28 out of the revised estimate of Rs.10,32,418.83 was required to be paid.

(3.) The record reveals that there was inter-Departmental communications between the Deputy Commissioner, Karimganj and the Divisional Forest Officer as regards the acquisition of the said land. However, the petitioners along with others whose lands were taken over by the District Administration and handed over to the Forest Department filed an application before the District Commissioner, Karimganj on 16/3/2007 requesting the enhanced rate of assessment and to pay the amount to them without any further delay. The respondents, however, did not take any steps for disbursing the amounts to the petitioners and under such circumstances, the instant writ petition was filed seeking a direction to the respondent authorities to make payment to the petitioners by reassessing the valuation of land as fixed under the zonal valuation of the land acquired for construction of the Office Building of the Forest Department within a stipulated period of time.