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2017 DIGILAW 620 (GAU)

Ranjit Kalita v. State of Assam

2017-05-22

ACHINTYA MALLA BUJOR BARUA

body2017
JUDGMENT & ORDER : 1. Heard Ms. A. Gayan, learned counsel for the petitioner. Also heard Mr. S.P. Choudhury, learned state counsel for the respondents. 2. In the year 1991, the Govt. of Assam had acquired 0B-2K-4L of the petitioner covered by Dag No.370 of FS Grant No.1 of village Silagrant Town under Mouza Shilasendurighopa in the district of Kamrup. The said land was acquired pursuant to L.A. Case No.14/1991 for the purpose of establishing the Indian Institute of Technology. The land of the petitioner was acquired and taken over along with the zirat comprising of dwelling houses, standing trees etc. existed thereon on the date of acquisition. 3. It is the stated by both the parties that although the land of the petitioner was earlier acquired pursuant to LA Case No.14/1991, but subsequently, the land of the petitioner was returned back and the petitioner is presently in possession of his own land. In the process of acquiring and thereafter de-acquiring, the petitioner had lost the dwelling hoses, standing trees etc., which existed on the land at the time, when the land was acquired. Consequently, it is the case of the petitioner that although the petitioner is not entitled to the value of the land, but the petitioner at the same time is entitled to receive the zirat amount of the dwelling houses, tress etc., that were standing thereto at the time of acquisition. 4. The respondent authorities by filing affidavit-in-opposition dated 04.04.2016 stated that the Reference Court had awarded an amount Rs.34,58,888/- in favour of the petitioner and accordingly, by letter dated 07.10.2015, the same was forwarded to the concerned department for doing the needful. The case of the petitioner is that in spite of the said award of the Reference Court, the amount had not been paid to the petitioner. 5. In the circumstance, the petitioner submitted a representation which was received in the Office of the Deputy Commissioner, Kamrup(M) on 10.01.2014 praying that the amount of compensation that had been assessed by the Reference Court for the zirat amount be paid to the petitioner. 6. 5. In the circumstance, the petitioner submitted a representation which was received in the Office of the Deputy Commissioner, Kamrup(M) on 10.01.2014 praying that the amount of compensation that had been assessed by the Reference Court for the zirat amount be paid to the petitioner. 6. In such view of the matter, as agreed by the parties, the interest of justice would be met, if a direction is issued to the Deputy Commissioner, Kamrup(M) to take up the said representation of the petitioner which was received on 10.01.2014 and segregate the amount which pertains to the zirat from the total amount awarded by the Reference Court and upon doing the needful, take necessary steps for payment of the zirat amount to the petitioner. 7. Accordingly, this petition stands disposed of with a direction to the Deputy Commissioner, Kamrup(M) to pass a reasoned speaking order by ascertaining the component of the zirat amount out of the total amount awarded by the Reference Court in respect of the land of the petitioner which earlier acquired pursuant to L.A No. 14/1991 and upon the said amount being segregated, the needful be done for making the payment to the petitioner. The aforesaid exercise shall be completed within a period of 3 (three) months from the date of receipt of a certified copy of this order. 8. It is made clear that the amount to be segregated by the Deputy Commissioner, Kamrup(M) shall include the value of the houses and also the tress and other structures that may be standing on the land. In view of the above, writ petition stands disposed of.