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2007 DIGILAW 790 (GAU)

Lohitya Pal Das v. State of Assam & Ors.

2007-12-05

RANJAN GOGOI

body2007
Ranjan Gogoi, J.;- Heard Mr. N. J. Dutta, learned counsel for the petitioner, Mr. B. J. Ghosh, learned Government Advocate, Assam and Ms. R. Deka, learned Standing Counsel, PWD. 2. Having regard to the subject matter involved, final orders are being passed at the motion stage. 3. This writ petition has been filed seeking compensation for use of land belonging to the petitioner by the Public Works Department of the State for widening of the Ganeshguri-Kahilipara Road. According to the petitioner, in the course of the execution of the said work, land belonging to him measuring 8' x 223' situated at Jatia Village under Beltola Mouza, covered by Patta No. 29 (Old), 677 (New) of Dag No. 351 (Old), 1140 (New) was utilized by the Public Works Department without any formal acquisition under the law and payment of compensation to the petitioner. Accordingly, compensation for the land so utilized by the Public Works Department for widening of the road has been prayed for. 4. To resolve the issue immediately the Chief Engineer, PWD (Roads), Government of Assam was required to attend the Court in person. The Chief Engineer on 28.9.2007 had stated before the Court that no patta land of the petitioner had been utilized by the Department for construction/widening of the road and drain in question. As two different versions had confronted the Court, in its effort to resolve the issue, the Court had directed the Deputy Commissioner (Metro), Kamrup, Guwahati to depute an officer of the rank of Sub Divisional Officer (Civil) to carry out spot verification in the presence of the petitioner and the officials of the Public Works Department and thereafter to submit a report to the Court. 5. The Deputy Commissioner (Metro), Kamrup, Guwahati has filed an affidavit dated 23.11.2007 stating that pursuant to the aforesaid order of the Court dated 28.09.2007 survey and spot verification was carried out by the Sub Divisional Officer, Sadar, who was assisted by two Assistant Settlement Officers of the Settlement Office and 3 (three) Land Record Staff of the said office. In the said survey and verification, though the petitioner was present, no official from the Public Works Department was available. In the said survey and verification, though the petitioner was present, no official from the Public Works Department was available. The Deputy Commissioner, in the affidavit filed, has further stated that after necessary survey and verification and scrutiny of the land records, it was found that while constructing/repairing the P WD Roads/Drains near the patta land of the petitioner covered by Dag No. 351 (Old), 1140 (New), K.P. Patta No. 29 (Old), 677 (New) land measuring 224' in length and 6.5' in width (roughly 10 Lechas) was utilized by the Public Works Department. The Deputy Commissioner has further stated that at the request of the Respondent No. 5, the Chief Engineer, P WD (Roads) a second verification was carried out on 13.10.2007 in which the earlier finding was reaffirmed. 6. The facts stated above make it abundantly clear that land measuring roughly about 10 (ten) Lechas belonging to the petitioner, details of which have been earlier noticed, has been utilized by the Public Works Department. Such utilization, without a formal acquisition and payment of compensation under the provisions of the Land Acquisition Act, will be illegal and unauthorized. In such circumstances, the Court directs the authorities of the Public Works Department and the concerned revenue officials/land acquisition officials to regularize the matter by initiation of a proceeding under the provisions of the Land Acquisition Act and by payment of compensation at the market value of such land. Such market value in the absence of a prior notification under Section 4 of the Land Acquisition Act will naturally be determined with reference to the date on which the land of the petitioner was utilized. The aforesaid process, which will be started with a formal proposal to be submitted by the Public Works Department, will be concluded by payment of actual compensation to the petitioner within a period of 4 (four) months from date of receipt of a copy of this order. 7. This will dispose of the writ petition.