GUWAHATI, India, Sept. 8 -- Gauhati High Court issued the following order on Aug. 8:

1. The writ petition is filed by the Union of India in the Ministry of Home Affairs, New Delhi by assailing an order 08.06.2023 passed by the Deputy Commissioner, Kamrup (Collector) whereby an amount of Rs. 9,00,087/- and Rs. 2,23,74,724/- respectively have been determined to be requisition/ acquisition compensation.

2. Before dealing with the argument of the learned counsel for the parties, let this court first record the brief facts, which are necessary for determination.

3. The respondents herein filed two separate writ petitions being WP(C) 1127/2022 and WP(C) 5003/2020. The prayer made in WP(C) 1127/2022 was for issuance of writ of mandamus to pay acquisition compensation in respect of a land measuring 4 Kathas 8 Lechas covered by Dag No. 80, Patta No. 131 of Revenue Village- Hahara, Mouza- Pub-Par under Kamalpur Revenue Circle in the district of Kamrup and alternatively to release the said land and pay requisition compensation with effect from date of issuance of notice under Section 4(1) of the Assam Land (Requisition & Acquisition) Act, 1964. In WP(C) 5003/2020, similar prayer was made, the difference in fact is the area of the land and its dag and patta numbers.

4. In the aforesaid proceeding, the Union of India by way of filing an affidavit brought a communication dated 19.11.2020 intimating their decisions that though initial requirement of the land for two approach roads was for 10 Acres, but after reviewing the proposal, now they are in requirement of only 3 Acres of additional land for composite SSB Campus of SHQ, Rangia Battalion.

5. The aforesaid two writ petitions were heard together and by way of common judgment and order dated 25.07.2022, the writ petitions were disposed of with the following directions: "In view of the above and as agreed to by the learned counsel for both sides, I dispose of these writ petitions by directing the respondent No.3 i.e. the Deputy Commissioner, Kamrup(R) to consider the grievance of the petitioners and thereafter, take appropriate steps for handing back possession of the land to the writ petitioners and also for paying requisition compensation to the petitioners for the period during which the land remained under the occupation of the respondent authorities. In doing so, it will not only be open to the respondent No.3 to make fresh assessment of the amount of compensation that is to be paid to the petitioners but he would also be entitled to take a decision as to whether the land in question falls in the category of agricultural land or the same is 'patit' land. The exercise, as directed above, be completed as expeditiously as possible but not later than six months from the date of receipt of a certified copy of this order. With the above observation, these writ petitions stand closed."

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqGhmG8V1UadJsN6h7myy8gpdxabQxGWxRTxyomfRJa6E&caseno=WP(C)/1436/2024&cCode=1&cino=GAHC010051452024&state_code=6&appFlag=)

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