Ambia Bibi vs Union Of India And 6 Ors

Heard Mr. M. Khan, learned counsel appearing for the writ petitioner. Also heard Ms. S. Chakraborty, learned Standing Counsel, N. F. Railway,

appearing for the respondent No.2 and Ms. K. Phukan, learned Govt. Advocate, Assam, appearing for the respondent Nos.3 to 7.

The case of the petitioner, in a nutshell, is that out of the land measuring 2B-1K-14Ls covered by K.M.Patta No.48 Dag No.81/71 situated at

village Hakama Pt-III under Bilasipara Revenue Circle, Dhubri, a plot of land measuring 2K-10L was earlier acquired in connection with L.A. Case

No.23/2005-06 for construction of Railway line in the sector “New Moyanguri to Jogighopaâ€. Although compensation for the land measuring 2K-

10L was paid to her, yet, no jirat compensation was paid to the petitioner on account of the standing trees/crops. Subsequently, after the coming into

effect of “The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013†another two L.A.

cases being L.A. Case No.12/2015-16 and L.A. Case No.1/2019-20 have been registered with a view to acquire land measuring 1K-5L and 4K-13L

respectively from the petitioner, being part of the original plot of land measuring 2B-1K-14L, owned by her. According to Mr. Khan, the respondents

have neither paid compensation to the petitioner pertaining to L.A. Case No.12/2015-16 and L.A. Case No.1/2019-20 nor has she been paid jirat

compensation in connection with L.A. Case No.22/2005-06. Hence, this writ petition.

It is also the submission of Mr. Khan that at this point of time all compensation payable to the petitioner would have to be assessed as per the

provision of the Act of 2013.

Ms. Chakraborty, learned Standing Counsel, N.F.Railway, has referred to the affidavit filed by the respondent No.2 admitting the claim of the

petitioner and submits that the matter is under process. Similar is the submission of Ms. Phukan, learned Govt. Advocate, Assam, based on the

affidavit filed by the respondent No.3.

I find from the record that the respondent No.2, i.e. the Deputy Chief Engineer/Construction,Jogighopa/NF Railway, has filed an affidavit on

07.05.2020 making the following statements in paragraphs 6 and 7:-

“6. That with regard to the statements made in paragraph 4 of the writ petition, the deponent begs to state that Rails acquired land for construction

of new BG Railway line fron New Maynaguri To Jogighopa new BG Railway Line Project. The land acquisition process has been done by concerned

Deputy Commissioner of State Govt. as per their norms and procedure. Accordingly, Deputy Commissioner has estimated the valuation of land and

Zirat for the area at this location against L.A. Case No.23-2005-06 (Phase No.35) and Railway has deposited the amount to Deputy Commissioner,

Dhubri for the L.A. Case.

That with regard to the statements made in paragraph 5 of the writ petition, the deponent begs to state that additional land at this phase/location has

been taken by Railway for unavoidable requirement for construction of Railway line. Accordingly, estimate for land compensation has been submitted

by Sub-Divisional Officer (Civil), Bilasipara vide Letter No.BRS(LA)-6/2019/4 dated 14.02.2020 and payment has also been made vide L.A. Case

No.12/2015-15 (Phase No.35) to Deputy Commissioner, Dhubri as estimated for the case.â€​

In paragraph 10 of the said affidavit it has further been stated as follows :-

“10. That with regard to the statements made in paragraph 8 of the writ petition, the deponent begs to state that presently, Sub-Divisional

Officer(Civil) & Land Acquisition Officer, Bilasipara has submitted the Additional L.A. estimate to Railway for left out land & Zirat in respect of land

owner Ambia Bibi & others against L.A. Case No.1/2019-20 (Phase No.35) vide Letter No.BRS(LA)-6/2019/4 dated 14.02.2020. The said L.A.

Estimate is under process for approval of competent authority of Railway. The estimated amount would be deposited on due approval of competent

authority at this end.â€​

From the stand taken by the Railway authorities it is evident that the matter regarding payment of just compensation to the petitioner is under

process.

At this stage, learned counsel for all the parties have prayed for disposal of the writ petition with a direction upon the respondents to expedite the

process and take the same to its logical end, as expeditiously as possible. I find the submission to be reasonable and therefore, the same is accepted.

As such, without expressing any opinion on the merit of the claim, this writ petition is being disposed of by issuing a direction upon the respondents

to bring the pending proceedings, as noticed above, pertaining to payment of compensation of land and jirat to the petitioner, to its logical end as

expeditiously as possible but not later than six months from the date of receipt of a certified copy of this order.

Writ petition stands closed.