Bizari Veneer and Saw Mills Ltd. v. Union of India and Ors.
2011-10-25
B.P.KATAKEY
body2011
DigiLaw.ai
1. Heard Mr. Hussain, learned counsel for the petitioner, Mr. Handique, learned State counsel appearing for the respondent Nos. 2, 7, 8 and 9 and Mrs. Bora, learned Central Government counsel appearing for the respondent Nos.1, 3, 4, 5 and 6. 2. The petitioner by the present petition has challenged the decision of the Government to sanction an amount of Rs. 12,714 as monthly rent with effect from the date of transfer of the land and property to the new owner, namely, M/s. Bizari Veneer and Saw Mills, Diphu to 28th February, 2009 or to the date of vacation of the premises, whichever is earlier, in respect of the occupied portion of the Saw Mills belonging to the said firm for accommodating the CRPF personnel deployed for Counter Insurgency Operations in the district of Karbi Anglong. According to the petitioner, pursuant to the Division Bench order dated 26th February, 2007 passed in Writ Appeal No.77/2007, the Deputy Commissioner, Karbi Anglong assessed the amount of monthly rent payable to the petitioner at Rs.2,35,559, apart from the electrical charges payable to the ASEB and accordingly, informed the Commissioner and Secretary to the Government of Assam, Political (A) Department vide communication dated 10th October, 2007, which amount, however, has been unilaterally reduced by the Government and sanctioned the aforesaid amount of Rs. 12,714 as the monthly rent. 3. Mr. Hussain, learned counsel for the petitioner submits that since the petitioner is entitled to the rent in respect of the premises to the tune of Rs.2,35,559 per month as assessed by the Deputy Commissioner, Karbi Anglong, pursuant to the directions contained in the aforesaid order dated 26th February, 2007 passed in the aforesaid writ appeal, the said amount cannot be reduced by the Government that too unilaterally, as has been done in the instant case. It has, therefore, been submitted that the Commissioner and Secretary to the Government of Assam, Political (A) Department may be directed to sanction the amount as fixed by the Deputy Commissioner, Karbi Anglong vide communication dated 10th October, 2007. 4. Mr.
It has, therefore, been submitted that the Commissioner and Secretary to the Government of Assam, Political (A) Department may be directed to sanction the amount as fixed by the Deputy Commissioner, Karbi Anglong vide communication dated 10th October, 2007. 4. Mr. Handique, learned State counsel referring to the averments made in the affidavit-in-opposition filed by the respondent No. 7 has submitted that though the Deputy Commissioner initially ascertained the amount of rent payable to the petitioner at Rs.2,35,559 per month and the Government was accordingly informed vide communication dated 10th October, 2007, subsequently upon verification of the relevant materials, it was found that the petitioner is entitled to Rs. 12,714 per month towards the rent, which was sanctioned by the Government vide sanction letter dated 3rd June, 2008. It has also been submitted that for scrutiny of the claim of the petitioner, a committee was constituted and the amount was sanctioned on the basis of the committee's report. Mr. Handique, however, has fairly submitted that the affidavit filed by the respondent No. 7 does not disclose giving any hearing to the petitioner before deciding to sanction Rs.12,714 as the monthly rent, though the Deputy Commissioner vide communication dated 10th October, 2007 informed the Commissioner and Secretary to the Government of Assam, Political (A) Department that the amount of Rs.2,35,559 per month is to be paid to the petitioner towards the rent. 5. Mrs. Bora, learned Central Government counsel appearing for the aforesaid respondents referring to the averments made in the affidavit-in-opposition filed by the Deputy Inspector General of Police, CRPF has submitted that the original owner out of his own volition has allowed the CRPF personnel to occupy the premises in question without any condition for payment of rent and as such, the petitioner is not entitled to any rent. 6. It appears that in the aforesaid order dated 26th February, 2007 passed in Writ Appeal No. 77/2007, it has been observed that the present petitioner, who was the appellant in the said appeal, appears to be entitled to compensation for use and occupation of the factory premises with effect from the date he had acquired title over the same.
6. It appears that in the aforesaid order dated 26th February, 2007 passed in Writ Appeal No. 77/2007, it has been observed that the present petitioner, who was the appellant in the said appeal, appears to be entitled to compensation for use and occupation of the factory premises with effect from the date he had acquired title over the same. The said writ appeal was disposed of giving liberty to the present petitioner to prefer a representation before the Deputy Commissioner, Karbi Anglong claiming the rent and also directing the Deputy Commissioner to examine the matter and assessed the reasonable compensation/rent in accordance with law. 7. The Deputy Commissioner, thereafter, as is evident from the communication dated 10th October, 2007 (Annexure 14 to the writ petition), appears to have assessed the monthly rent payable to the petitioner at Rs.2,35,559. The assessment of such compensation was communicated to the Commissioner and Secretary to the Government of Assam, Political (A) Department by the Deputy Commissioner vide communication dated 10th October, 2007. It also appears from the averments made in the affidavit-in-opposition filed by the respondent No.7 that the Government thereafter, made an enquiry through a Committee constituted and on the basis of the report of the Committee has sanctioned an amount of Rs.12,714 as monthly rent, which was communicated to the Accountant General (A and E), Assam vide communication dated 3rd June, 2008. Admittedly, the Committee did not hear the petitioner and the decision to reduce the same was taken unilaterally. That being the position, the prayer made by the petitioner for payment of monthly rent in terms of the assessment made by the Deputy Commissioner, as reflected in the communication dated 10th October, 2007, cannot be granted unless the entitlement of such amount is ascertained. 8. The writ petition is, therefore, disposed of directing the Commissioner and Secretary to the Government of Assam, Political (A) Department to reconsider the entire matter, if necessary, by constituting a Committee to make enquiry to that effect, which shall necessarily hear the petitioner also and to pass a fresh order after hearing the petitioner. The petitioner shall file all necessary documents before the Commissioner and Secretary, so as to enable him to arrive at a just decision relating to the amount of rent payable to the petitioner.
The petitioner shall file all necessary documents before the Commissioner and Secretary, so as to enable him to arrive at a just decision relating to the amount of rent payable to the petitioner. The amount of rent payable per month to be assessed by the Commissioner and Secretary shall be paid to the petitioner. The entire exercise relating to the ascertainment of amount of monthly rent payable is directed to be completed within a period of 3 (three) months from the date of production of the certified copy of the order passed today by the petitioner before the Commissioner and Secretary to the Government of Assam, Political (A) Department. 9. The writ petition is accordingly disposed of. No costs. _____________