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2009 DIGILAW 270 (GAU)

State of Assam v. Uday Kr. Das

2009-04-28

BIPLAB KUMAR SHARMA, RANJAN GOGOI

body2009
JUDGMENT 1. This writ appeal is directed against the judgment and order dated 18.3.2008 passed by the learned Single Judge in the writ petition being WP(C) No. 357/2006 by which direction was issued to the State Government the appellants herein, to take steps for payment of compensation in question to the respondent/writ petitioner which had already been assessed. The writ petition was filed by the respondent/writ petitioner when a decision was taken to keep his claim for compensation in abeyance although the same was already finalized. 2. The respondent herein had the occasion to approach this Court along with five others by filing the writ petition being WP(C) No. 4034/2002 making a grievance against his eviction from the land in question. He was not only evicted from the land, but his Assam Type building standing thereon was also demolished. While it was the case of the State Government in the Forest Department that the land in question was a forest land and, thus, could not have been occupied by the respondent and others, it was the case of the respondent that the land is an annual patta land and beyond the particular reserved forest. The court found that the land was not a forest land as clarified by the Revenue Department. That being the position, the action of the Forest Department in evicting the persons concerned including the respondent was held to be illegal, arbitrary and without any authority of law. Having regard to the fact that the respondent along with others had suffered loss due to such eviction and demolition of their houses, the writ court issued the direction as follows: 16. The petitioners though have prayed for compensation for the loss suffered by them, in absence of adequate materials on record, I am not inclined to adjudicate the said claim. The petitioners may approach the authorities concerned for providing them appropriate compensation for the loss. Needless to say if the petitioners register such claim and place adequate materials in support thereof, the concerned authorities would consider the same in accordance with law and take an appropriate decision thereon. 17. With the above directions and observations, the petition stands closed. 3. After the aforesaid judgment and order with the aforesaid direction contained therein, the respondent made an application detailing the facts leading to the loss sustained and caused to him due to the unauthorized eviction. 17. With the above directions and observations, the petition stands closed. 3. After the aforesaid judgment and order with the aforesaid direction contained therein, the respondent made an application detailing the facts leading to the loss sustained and caused to him due to the unauthorized eviction. Such application was made on 5.7.2004 and was inclusive of all the documents such as building permission, Telephone and electricity connection, land revenue paying receipts, deed of tenancy agreement, photographs demonstrating the extent of damages caused by the illegal eviction and demolition of the house, the valuation report of the property etc. 4. In paragraph 19 of the application, the respondent made the following statements. 19. That the applicant begs to state that as has been declared by the Hon'ble High Court, due to the illegal and arbitrary action of the Forest Department, Government of Assam, the applicant had to sustain loss of his valuable property as foresaid and the same can be quantified as follows: (a) Demolition of house Rs. 8,52,000 (b) Household articles Rs. 1,50,000 (c) Boudnary wall(20mt x 5") Rs. 30,000 (d) Iron gate with RCC post Rs. 10,000/- (e) Water Tank Rs. 5,000 (f) Electrical wring Rs. 25,000 (g) House Rent incurred after demolition w.e.f. 1.6.2002 to 31.5.2004 @ Rs. 2,400 per month) Rs. 57,600 Total Rs. 11,29,600 (Rupees eleven lakh twenty-nine thousand six hundred) only. 5. On the basis of the application so filed by the respondent, the matter relating to compensation payable to him was processed at different levels in the concerned Departments of the Government After obtaining the opinion, reports, etc., the Government decided to pay the compensation to the respondent amounting to Rs. 11,29,600. All these facts have been discussed in the impugned judgment and order dated 18.3.2008. 6. When the matter rested thus, the Government of Assam in the Environment and Forest Department intimated the Principal Chief Conservator of Forest (PCCF), Assam by its communication dated 4.1.2006 about the decision to keep the claim of the respondent in abeyance. Such a course of action was adopted raising the issue as to whether the land in question is a myadi patta land or annual patta land. Being aggrieved by such decision, the respondent filed the writ petition being WP(C) No. 357/2006 challenging the legality of the aforesaid letter. Such a course of action was adopted raising the issue as to whether the land in question is a myadi patta land or annual patta land. Being aggrieved by such decision, the respondent filed the writ petition being WP(C) No. 357/2006 challenging the legality of the aforesaid letter. It was his contention that since the matter was processed at different levels in various departments and a final decision was taken to pay the aforesaid amount of Rs. 11,29,600 as the compensation amount, there could not have been any occasion to keep the matter in abeyance as per the whims and caprices of the Government in the Forest Department. Be it seated here that it is the Forest Department at whose instance, the respondent was evicted from the land and his house was demolished. 7. The learned Single Judge considering the matter in its entirety and also having regard to the earlier round of litigation in which the matter relating to the status of the land attained its finality, while interfering with the said communication dated 4.1.2006 also issued direction for payment of the compensation amount within three months. Being aggrieved,' the State has filed this appeal. We have been informed that 50% of the compensation amount has been paid to the respondent/writ petitioner. 8. Mr. K.N. Choudhury, learned Addl. Advocate General, Assam assisted by Mr. B. Kashyap, Advocate referring to the provisions of the Assam Land Revenue Regulation 1886 and Settlement Rules framed thereunder, submitted that valuation of the land was improperly assessed and that having regard to the status of the land, the respondent/writ petitioner is not entitled to the compensation assessed. Referring to the records produced by him, he submitted that as per the own evaluation report submitted by the respondent, his claim stood at Rs. 8,52,000. Be it stated here that the evaluation report also indicates valuation of the land at Rs. 4,20,000. However, it does not take care of other items as specified in paragraph 19 of the application refund to above. 9. Mr. A.K. Bhattacharyya, Learned Senior Counsel assisted by Mr. R. De, Learned Counsel appearing for the writ petitioner/respondent submitted that the matter relating to the status of the land having attained its finality in the earlier round of litigation, the State cannot be permitted to reopen the issue. As regards the assessment of the compensation at Rs. 9. Mr. A.K. Bhattacharyya, Learned Senior Counsel assisted by Mr. R. De, Learned Counsel appearing for the writ petitioner/respondent submitted that the matter relating to the status of the land having attained its finality in the earlier round of litigation, the State cannot be permitted to reopen the issue. As regards the assessment of the compensation at Rs. 11,29,600, he submitted that such assessment having been made excluding the evaluation of the land, the contention raised by the appellants on that count is not sustainable. 10. We have considered the submissions made by the Learned Counsel for the parties. We have also gone through the entire records produced by the State appellants. On perusal of the same, what has transpired is that, while assessing the compensation amount payable to the writ petitioner/respondent, the value of the land was never taken into consideration. Although Mr. Choudhury, learned Addl. Advocate General, Assam submitted that as per the own evaluation report submitted by the petitioner, as against the value of the building/house, shown as Rs. 8,52,000, the value of the land has been shown as Rs. 4,20,000. According to him the compensation amount came to be assed at Rs. 11,29,600 only because the value of the land was shown as Rs. 4,20,000 and that such valuation was also taken into account towards assessing the compensation amount. 11. We have already indicated the claim made by the writ petitioner/respondent in his application dated 5.7.2004. No claim was made by the respondent/writ petitioner in respect of the land. While the compensation payable on account of demolition of the house was assessed at Rs. 8,52,000, other assessments were on account of other incidental losses suffered by the respondent/writ petitioner due to such demolition. It was on that basis, the total compensation amount payable to the petitioner was assessed at Rs. 11,29,600. Such compensation was assessed by the departmental authorities and also as indicated above, was approved at different levels including the Forest Department which after finalization of the matter issued the Annexure-6 impugned letter dated 4.1.2006 directing the PCCF, Assam to keep the matter in abeyance. 12. Learned Single. Judge taking into account all aspects of the matter discussed above, has come to the conclusion that the State respondents after taking the decision on the basis of the opinion/reports, etc., to pay the compensation to the petitioner amounting to Rs. 12. Learned Single. Judge taking into account all aspects of the matter discussed above, has come to the conclusion that the State respondents after taking the decision on the basis of the opinion/reports, etc., to pay the compensation to the petitioner amounting to Rs. 11,29,600, could not have turned round the same so as to contend that having regard to the status of the land, the petitioner was not entitled to such compensation. By the impugned letter while keeping the matter in abeyance it was also observed that the petitioner would require to file further documents. The petitioner along with his application dated 5.7.2004 had submitted all the required documents about which mention has been made above. It is on that basis the matter relating to payment of compensation to him was finalized. Nowhere in the process of finalization of the question of payment of compensation to the petitioner the value of the land was taken into account. Same was also not the issue. The issue was as to whether the petitioner would be entitled to the compensation for wrongful eviction and demolition of his house. When it was found that the petitioner was wrongly evicted and his house was wrongly demolished, which naturally destroyed the fixtures and furniture including the electricity and telephone installation, boundary wall etc., the learned Single Judge in the earlier round of litigation, in absence of detailed particulars relating to the extent of damage caused, left the matter open to the authority to decide as to what would be the adequate compensation. 13. Based on the materials supplied by the petitioner and the verification thereof made by the authorities of the State Government including its own opinion and reports etc., the aforesaid amount was assessed to be adequate compensation payable to the petitioner. However, suddenly a decision was taken to keep the matter in abeyance till the time the petitioner would provide other documents. During the course of hearing, Mr. Choudhury, Addl. Advocate General submitted that since the petitioner could not provide any documents relating to his title over the land, the matter was kept in abeyance. 14. As indicated above, the status of the land occupied by the petitioner was not decisive of compensation payable to him. During the course of hearing, Mr. Choudhury, Addl. Advocate General submitted that since the petitioner could not provide any documents relating to his title over the land, the matter was kept in abeyance. 14. As indicated above, the status of the land occupied by the petitioner was not decisive of compensation payable to him. Once it was held that the land is not forest land and the petitioner was wrongly evicted from the land and his house standing thereon was wrongly demolished, all that was required of the State respondents was to assess the extent of damage caused to the property of the petitioner and to pay compensation on that basis. The said exercise was duly carried out by the appellants and the amount was ready to be paid. It was at that stage, suddenly a decision was taken to keep the matter in abeyance asking the petitioner to produce more documents not relating to the issue involved. 15. Learned Single Judge taking note of all the aforesaid facts, has rightly interfered with the impugned Annexure-6 letter dated 4.1.2006 and we see no reason to interfere with the said decision of the learned Single Judge. 16. For all the aforesaid reasons, the writ appeal fails. Accordingly the writ appeal is dismissed, without however, any order as to costs. Appeal dismissed