DEPUTY COMMISSIONER AND ANR Vs. SURAJ CHETIA AND 5 ORS S/O BHUSAN CHETIA
LAWS(GAU)-2018-6-37
HIGH COURT OF GAUHATI
Decided on June 07,2018

DEPUTY COMMISSIONER AND ANR Appellant
VERSUS
Suraj Chetia And 5 Ors S/O Bhusan Chetia Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. S.K. Medhi, learned Addl. Advocate General, Assam assisted by Ms. M. Barman, learned counsel, for the appellants. Also heard Mr. B.D. Das, learned senior counsel, assisted by Ms. R. Deka, learned counsel, for the respondent.
(2.) A plot of land of the respondent, measuring 2 bighas 1 katha 15 lechas of Dag No.904, K P Patta No.160 of Village Binoigutia under Mouza Larua in the Dibrugarh district was acquired as per the notification dated 01.11.2014 for the purpose of construction of the four lane national highway. According to the respondent, the said land is classified as commercial land. Upon completing the acquisition process, the Addl. Deputy Commissioner, L.A. Dibrugarh served a notice dated 05.01.2016 upon the respondent and some other land owners requiring them to remain present on 10.01.2015 (sic) at 11.00 a.m. to receive the compensation. On 30.01.2016, the respondents made an application to the Deputy Commissioner, Dibrugarh that necessary action be taken for giving them the compensation and in response thereof, the Addl. Deputy Commissioner, L.A. Dibrugarh by a notice dated 30.01.2016 addressed to the Circle Officer, Dibrugarh West Revenue Circle had instructed him that an amount of Rs.1,26,33,600/- be paid to the respondent.
(3.) It is not very clear as to when the respondent had received the said amount, but on 07.01.2017 an application was submitted before the Deputy Commissioner, Dibrugarh that the compensation paid to the petitioner be reassessed inasmuch as, the land in question is classified as commercial land. The Addl. Deputy Commissioner by letter dated 19.01.2017 informed the respondent that the compensation of the land was determined under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short LA Act of 2013) and the rate was fixed at Rs. 12,00,000/- per bigha and accordingly, the compensation was fixed at Rs.53,76,000/- per bigha. By the letter it was informed that it would be difficult on the part of the Land Acquisition Officer to reconsider and re-fix the rate at that stage.;


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