Sodesh Jidung and 8 Ors v. The State of Assam and 5 Ors

ORDER

26.04.2023 Heard Shri B. Baruah, learned counsel for the petitioners. Also heard Shri C. Sarma, learned counsel for the NCHAC. Ms. N. Bordoloi, learned Standing Counsel, Revenue Department as well as Ms. S. Sarma, learned State Counsel are present.

¶2Considering the stand of the NCHAC in its affidavit dated 01.02.2023, this writ petition is taken up for disposal at the admission stage.

¶3The petitioners are residents of various villages in the district of Dima Hasao. The projected case of the petitioners is that due to the constructions of the Asom Malla (two lane highway), lands of the petitioners were adversely affected and there was no verification / assessment of the loss. The petitioners have accordingly approached this Court for a direction that proper assessment be done of the loss suffered and damage would be paid to them in accordance with law. Page No.# 4/5

¶4Shri Baruah, learned counsel for the petitioners has however fairly submitted that in the affidavit-in-opposition filed by the authorities of the NCHAC on 01.02.2023, it has been stated that re-verification is being done over the land in question whereafter appropriate steps would be taken.

¶5Shri C. Sarma, learned counsel for the NCHAC while endorsing the submission made on behalf of the petitioners submits that in the affidavit dated 01.02.2023 mentioned above, the aforesaid averment has been made in paragraphs 8 and 9. The said paragraphs are extracted hereinbelow- "8. That with regard to the statements made in paragraph 4 of the writ petition the deponent begs to state that necessary notices have already been served to all the concerned Gaonburas of the villages mention in the writ petition. Accordingly, joint spot verification and assessment has also been done by the concerned Revenue Department, NC Hills Autonomous Council, Haflong in respect of all the sites as per the alignment of the proposed Asom Malla Project.

¶9That with regard to the statements made in paragraph 6 of the writ petition the deponent begs to state that spot re-verification of the sites is going on throughout the proposed stretches of the project to ascertain that no affected people were left out in the said Asom Malla Project."

¶6The learned counsel for the petitioners accordingly submits that in view of such statements, the relief claimed can be modified to the extent that the re-verification exercise be concluded expeditiously and the outcome of the same be communicated to the petitioners.

¶7In view of the aforesaid facts and circumstances, the instant writ petition is disposed of by directing the respondent no. 4 to complete the re-verification exercise expeditiously and preferably within a period of 2(two) months from today and thereafter to communicate its outcome to the petitioners and other affected persons. Page No.# 5/5

¶8The writ petition accordingly stands disposed of.

¶9It is needless to state that based on the re-verification exercise, necessary consequences are required to be followed in accordance with law. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010252972022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/8054/2022o SODESHoJIDUNGoANDo8oORSo S/O-oLENTHOoJIDUNG,oR/O-oVILL-oTHAISALINGHAWAR,oP.O.oANDoP.S.o DEHANGI,oDIST.-oDIMAoHASAOo(ASSAM),oPIN-o788819 2:oSOMITHAoJIDUNG oS/O-oKANUoKHARSA oR/O-oVILL-oSURONGDISA oP.O.oANDoP.S.oDEHANGI oDIST.-oDIMAoHASAOo(ASSAM) oPIN-o788819 3:oRONGMILAoJIDUNG oD/O-oBOSHTONoBATHARI oR/O-oVILL-oLANGDRENGKRO oP.O.oANDoP.S.oDEHANGI oDIST.-oDIMAoHASAOo(ASSAM) oPIN-o788819 4:oHOLMENoJIDUNG oS/O-oRINGPHAINONoJIDUNG oR/O-oVILL-oLARGDRENGKRO oP.O.oANDoP.S.oDEHANGI oDIST.-oDIMAoHASAOo(ASSAM) oPIN-o788819 5:oBINODoKEMPRAI oS/O-oKOBISHoKEMPRAI oR/O-oVILL-oSURONGDISA oP.O.oANDoP.S.oDEHANGI oDIST.-oDIMAoHASAOo(ASSAM) oPIN-o788819 6:oMONDISHoDAOLAGUPU oS/O-oDEBONJAYoDAOLAGUPU PageoNo.#o2/5 oR/O-oVILL-oLANGDRENGKRO oP.O.oANDoP.S.oDEHANGI oDIST.-oDIMAoHASAOo(ASSAM) oPIN-o788819 7:oSORONUTUSoHOJAI oS/O-oJOTONoHOJAI oR/O-oVILL-oSURONGDISA oP.O.oANDoP.S.oDEHANGI oDIST.-oDIMAoHASAOo(ASSAM) oPIN-o788819 8:oDINENoLANGTHASA oS/O-oBIDASINGoLANGTHASA oR/O-oVILL-oCHOTOWAPU oP.O.oGUNJUNG oP.S.oHAFLONG oDIST.-oDIMAoHASAOo(ASSAM) oPIN-o788819 9:oJOYPORNOoJIDUNG oS/O-oLT.oRANGHAMoJIDUNG oR/O-oVILL-oLANGDRENGKRO oP.O.oANDoP.S.oDEHANGI oDIST.-oDIMAoHASAOo(ASSAM) oPIN-o78881o VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REP.oBYoSECY.oTOoTHEoGOVT.oOFoASSAMo(LR)oDEPTT.,oDISPUR,oGHY-06 2:THEoPRINCIPALoSECRETARY oN.C.oHILLSoAUTONOMOUSoCOUNCIL oHAFLONG oDIST.-oDIMAoHASAO oPIN-o788819 oASSAM 3:THEoDY.oCOMMISSIONER oDIST.-oDIMAoHASAO oHAFLONG oPIN-o788819 oASSAM 4:THEoSECRETARYoANDoREVENUEoOFFICERo(W) oNCoHILLSoAUTONOMOUSoCOUNCIL oHAFLONG Page No.# 3/5 DIST.- DIMA HASAO PIN- 788819 ASSAM 5:THE CHIEF ENGINEER PUBLIC WORKS ROAD DEPTT. (EAP) FATASIL AMBARI GHY DIST.- KAMRUP (M) PIN- 781025 6:THE EXECUTIVE ENGINEER PUBLIC WORKS ROAD DEPTT. HAFLONG DIST.- DIMA HASAO PIN- 788819 ASSA Advocate for the Petitioner : MR. B BARUAH Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI