22 Jan 2121

One must expedite the process for payment of compensation - Gauhati High Court

Case : Ambia Bibi v. The Union Of India And Ors. WP(C)/236/2020

Court : Gauhati High Court

Bench : Justice Suman Shyam

Decided on : 22 Jan 2121

The Relevant Statues

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Brief Facts & Procedural History

1. The case of the petitioner, in a nutshell, is that out of the land measuring 2B-1K14Ls 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 Jogighopa”. 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.

2. 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 acquiring 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.

The Issue of the Case

Whether the petitioner should receive any paid compensation pertaining to L.A. Case No.12/2015-16 and L.A. Case No.1/2019-20 paid jirat compensation in connection with L.A. Case No.22/2005-06?

The Observations of the Court

1. The Honourable Gauhati High Court opined that the matter regarding payment of just compensation to the petitioner is under process as per Railway authorities filed an affidavit on 07.05.2020.

The Decision Held by the Court

1. The Honourable Gauhati High Court rejected the plea as it had no merits.

2. The Honourable Gauhati High Court issued directions to respondents for speedy proceedings for the matter pertaining to payment of compensation of land and jirat to the petitioner within six months from the date of receipt of a certified copy of this order

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