SANDEEP AGARWALLA Vs. STATE OF ASSAM AND ANR
LAWS(GAU)-2018-11-114
HIGH COURT OF GAUHATI
Decided on November 29,2018

Sandeep Agarwalla Appellant
VERSUS
STATE OF ASSAM And ANR Respondents

JUDGEMENT

Kalyan Rai Surana, J. - (1.) Heard Mr. S. Dutta, learned senior counsel assisted by M. B.K. Jain, learned counsel for the petitioner and also heard Mr. R. Borpujari, learned Standing Counsel for the Revenue Department (L.R.) Department. Also heard Mrs. D.D. Barman, learned Addl. Senior Govt. Advocate appearing for respondent No. 2 and Mr. A.R. Shome, learned counsel appearing for respondent No. 3.
(2.) By filing this writ petition, the petitioner has raised his grievance in respect of non- payment of land acquisition compensation to him,. In this case, it is projected that the petitioner along with his brother, who is the respondent No. 3 herein are the joint owners of two plots of land, being (i) land measuring 0.013 Are, covered by Dag No. 4 of P.P. No. 425, and (ii) land measuring 0.008 Are covered by Dag No. 5 of P.P. No. 427, both in village- Phukanphadia, Mouza-Jakaichuk, Dist. Sivsagar. The said land was acquired for the construction of 4 (four) lane NH-37.
(3.) It is submitted by the learned Senior Counsel for the petitioner that although National Highway Authority has deposited the entire assessed compensation of Rs. 1,10,24,273.48/-, the State Government has not released the aforesaid money to the petitioner. However, as all similarly situated persons have received their respective compensation, the petitioner by submitting a representation dated 06.10.2016 to the Deputy Commissioner, Sivsagar, had also prayed for disbursement of his share of compensation for the acquired land. The grievance of the petitioner is that the respondent authorities are sitting over the matter without disclosing any reason. The learned senior counsel for the petitioner has referred to the affidavit-in-opposition filed on behalf of the respondent No. 2 i.e. Deputy Commissioner, Sivsagar wherein it has been stated in para-6 thereof that in view of complaints and news items appearing in Assamese dailies regarding over-valuation of the structures standing on land under acquisition, order was issued for spot verification to assess the valuation of the structures. It is also stated therein that as per spot verification report submitted by the officers, several numbers of structures were proposed for re-assessment due to variation in the earlier assessment and that in para-6 of the said affidavit-in-opposition, the Deputy Commissioner, Sivsagar has taken a stand that the spot verification report suggested for reassessment of the structure valuation which was earlier assessed as Rs.2,07,52,680.00 and that the re-assessment valuation is yet to be received from PWD(B).;


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