SECRETARY, GOVERNMENT OF INDIA Vs. KAMALA PHUKAN

JUDGEMENT

(1.) The instant review application has been preferred qua the judgment and order dtd. 31/8/2023 passed by this Court in WP(C)/2300/2022. The applicants herein were the respondent nos. 4 and 5 in the said writ petition.

(2.) To appreciate the grounds of review, it would be convenient to recapitulate the facts projected in the writ petition and the order passed in brief.

(3.) The writ petition was filed with a prayer for disbursement of compensation for land acquisition which was acquired for setting up ITBP Headquarters. It was contended that there was a reference by certain similarly situated land owners in the assessment made which was registered as LA Ref. Case No. 25/2016 in which the writ petitioner was not a party. The said reference was answered by the learned Additional District Judge No. 1, Kamrup(M) vide judgment dtd. 9/8/2019 by enhancing the compensation. The parties in the said reference had thereafter filed an appeal in this Court for further enhancement which was pending. However, the writ petitioner was not paid any compensation. The writ petition was disposed of by directing that since there was no dispute regarding the fact that the petitioner is the recorded Pattadar who was in possession of the land in question, he would be entitled to the compensation as per the Reference Court's order as it was submitted that the petitioner is agreeable to the said amount. It is this judgment, for which the review has been sought.