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Judgment
Heard Mr. A. Wahab, learned counsel for the petitioners in WP(C) No. 6299/2017 and Ms. R. Choudhury, learned counsel for the petitioners in
WP(C) No. 6230/2017 as well as WP(C) No. 4637/2021. Also heard Mr. K. Gogoi, learned Central Government Counsel for the respondent No. 1 &
4; Mr. G. Goswami, learned Standing counsel, Railways for the respondent Nos. 2 & 3; Mr. S. C. Keyal, learned Standing counsel, Inland Water
Transport Department for the respondent Nos. 5, 14 & 15; Mr. K. Goswami, learned Additional Senior Government Advocate, Assam for the
respondent Nos. 6, 10, 11, 12 & 13; Mr. R. Barpujari, learned Standing counsel, Finance Department for the respondent No.7; Ms. M. D. Bora,
learned Standing counsel, Transport Department for the respondent No. 8; Mr. B. Choudhury, learned Standing counsel, PWD for the respondent No.
9 and Mr. C. Baruah, learned Standing counsel, National Highways and Infrastructure Development Corporation Limited (NHIDCL) for the
respondent Nos. 16 & 17.
The petitioners in WP(C) No. 6299/2017 claimed for the payment of Rs. 8,12,342/- with interest @ 6% per annum in terms of the common
judgment and award dated 11.03.1983 passed by the learned District Judge, Goalpara at Dhubri in Misc. Arbitration Case No. 4/1978 and the other
connected 47 cases, whereby the learned District Judge, Goalpara, Dhubri as an arbitrator disposed of as many as 48 claims under Section 8(i)(b) of
the Requisitioning and Acquisition of Immovable Property Act, 1952 read with the amended provisions of said 1952 Act, amended in 1968, determining
the adequate amount of compensation payable to all such claimants in respect of their immovable properties acquired in Land Acquisition Case No.
26/1965-1966, pertaining to land measuring 204 Bighas 17 Kathas 2 Lechas in terms of the Notification No. RLA.206/68/Pt.III/92 dated 14.09.1977
issued by the State Government in the Revenue and Disaster Management Department.
It is to be noted herein that way back on 30th March, 1966, the Sub-Divisional Officer (C) and Collector of erstwhile district of Goalpara being
empowered, acquired land measuring 154 Bighas 4 Kathas 8 Lechas of patta land at Villages Jogighopa and Bhatipara of Boitamari Revenue Circle
under various dags and patta Nos. (Khas) for constructions of Inland Port at Jogighopa under the provisions of the Defence of India Act, 1962 during
its force and the said land was handed over to the Executive Engineer, Jogighopa Port Construction of Division, Abhayapuri on 09.04.1966.
As the compensation for acquisition of said 154 Bighas 4 Kathas 8 Lechas of land for the said public purpose, noted above, that was determined by
the concerned Collector of said Goalpara district was considered to be inadequate, the aggrieved pattadars of said acquired land preferred application
for determination of adequate acquisition compensation of their acquired land, which was accordingly decided by the learned District Judge, Goalpara
at Dhubri on 11.03.1983 in said Misc. Arbitration Case No. 4/1997 and the other connected cases, noted above.
It is worthwhile to mention herein that on 29.09.1989 Bongaigaon District was created by the State Government and Jogighopa, located in the
Northern Bank of river Brahmaputra came under the jurisdiction of Bongaigaon District.
The Circle Officer, Boitamari Revenue Circle, Boitamari in its communication No. BMC-21/2010/21 dated 07.06.2011, informed the Deputy
Commissioner, Bongaigaon that though 154 Bighas 4 kathas 8 Lechas of land at Jogighopa and Bhatipara was acquired under LA Case No. 26/1965-
66 for construction of Inland Port and the said land was handed over to the concerned Port construction Division, Abhayapuri after paying the
compensation amount determined by the Collector, Goalpara but due to non-receipt of decreetal amount passed in the award dated 11.03.1983 by the
learned District Judge, Goalpara, Dhubri in said Misc. (L/A) Case No. 36/1971 and other connected 47 cases, the affected pattadars did not affected
the said acquired land and hardly 10 Bighas of land was found to be under the possession of Inland Water Transport Department at Jogighopa.
Subsequently, land measuring 790 Bighas 1 Katha 15.86 Lechas including 703 Bighas 1 Katha 0.86 Lechas of patta land and 87 Bighas and 15
Lechas of government land at villages Kareya Pahar, Kareya Part-I, Kareya Part-II, Jogighopa, Bhatipara and Chatpara were taken over by the
district administration of Bongaigaon district for the Multi Model Logistic Park Project at Jogighopa (Assam) under Bharatmala Pariyojana. For the
said purpose, the Government of India in the Ministry of Road Transport and Highways, represented by the National Highways Infrastructure
Development Corporation Limited (NHIDCL) and the Government of Assam in the Industries and Commerce Department represented by the Ashok
Paper Mill (Assam) Limited have already entered into a Memorandum of Understanding (MOU) on 20.10.2022 at Jogighopa, envisaging to act as
World Class Logistic Aggregation/Disaggregation Point for various forms of cargo across all modes within a single facility like freight handling facility
with access to multi model transport, comprising of multi model container terminals (bulk, break bulk), warehouses, cold storage, facilities for
mechanize material handling, value-added services such as customs clearance with bonded storage, yards, quarantine zones, testing facilities and
warehousing management services etc.
The said Project (MMLP) at Jogighopa has been planned over land measuring approximately, 200 Acres owned by the Ashok Paper Mill, a State
Government Company (Government Land), out of which approximately, 190 Acres proposed to be used for the Cold Logistics Park activity, while 10
Acres has been proposed to be used for providing the connectivity road.
The petitioners of WP(C) No. 6230/2017 have encroached government land at Village Bhatipara under Boitamari Revenue Circle, Boitamari and
are in occupation of the same. It is contended by them that they are landless persons, occupying the said land after the year 1992, constructing
dwelling houses on it, having electricity connections, ration cards etc. and paying land revenue for the said land. Petitioners of said WP(C) No.
6230/2017 have prayed for a direction to the respondents not to evict them from their present occupation of government land and to rehabilitate them
by the State Governments either in the same land or elsewhere being the land eroded people as per the land policy of the State Government 1989 as
well as under the provisions of the Assam Land Revenue Regulations, 1886.
However, in the affidavit filed by the Deputy Commissioner, Bongaigaon in WP(C) No. 6230/2017, it is clearly revealed that the petitioners have
encroached the land that was acquired way back in March, 1966 for construction of Inland Port at Jogighopa and Bhatipara. From the annexures
appended by the petitioners of WP(C) No. 6230/2017, it is seen that the petitioners are paying-bedakholi jarimona i.e., encroachment fine for
encroaching and occupying of government land and such payment was made upto September, 2002.
In WP(C) No. 4637/2021, the petitioners are claiming that they are landless people and are in occupation of Government Khas land constructing
dwelling houses over it at village Bhatipara under Boitamari Revenue Circle, district Bongaigaon and during February/March, 2020, they could come to
know that the said government land which they are in occupation have been allotted to the Inland Waterways Authority of India for construction of
Port at Jogighopa and now that they will be vacated from the said land. As such, they have preferred this writ petition praying amongst others not to
evict them from the said Government land situated in the Bank River Brahmaputra under Boitamari Revenue Circle, district Bongaigaon till they are
settled or rehabilitated elsewhere being land eroded persons or to settle the aforesaid land with them being landless indigenous as per 1989 Land
Policies of the State and/or under the provisions of the Assam Land and Revenue Regulations, 1886 with the further prayer that till they are
rehabilitated and/or settled, they should not be evicted from the said government land.
Notice in WP(C) No. 4637/2021 has not yet been issued.
Apparently, the petitioners of WP(C) Nos. 6230/2017 and 4637/2021 have encroached government land and are occupying the same by
constructing the dwelling houses over it and some part of the said Government land was already acquired in the year 1966 under the Defence of India
Act, 1962 as noted above.
It is submitted by Mr. Keyal, learned Standing counsel, Inland Waterways Authority of India that the writ petitioners of WP(C) No. 4367/2021 are
not in possession of government land involved in the case as alleged by them.
After  considering the entire aspect of the matter, the Deputy Commissioner, Goalpara, respondent No. 10 as well as
the Deputy Commissioner, Bongaigaon, respondent No. 11 are directed to place the records in original pertaining to said Land Acquisition Case No.
26/1965-1966, wherein the land measuring 154 Bighas 4 Kathas 8 Lechas were acquired by the then Sub-Divisional Officer-cum-Collector, Goalpara
for construction of Inland Port at Jogighopa .
The Deputy Commissioner, Bongaigaon shall apprise the Court as to whether land that was already acquired for construction of Inland Port at
Jogighopa in March 1966 has been included for the said MMLP Project at Jogighopa or not and about the total land of said Ashok Paper Mill
(Assam), Jogighopa that has been proposed to be acquired for the said MMLP Project at Jogighopa.
Further, the Deputy Commissioner, Bongaigaon shall also apprise the Court that if 200 Acres of land of said Ashok Paper (Assam) Mill at
Jogighopa is Government land, that are required for said MMLP Project at Jogighopa, the need for acquisition of 703 Bighas 1 Katha 0.86 Lecha of
Patta land for the said project.
The Commissioner & Secretary to the Government of Assam in the Revenue and Disaster Management Department be impleaded as party
respondent No. 18 for proper adjudication of this case.
Mr. B. J. Talukdar, learned Standing counsel, Revenue and Disaster Management Department has entered appearance in the matter.
On the next date fixed, the newly impleaded respondent No. 18, Revenue Department of the State shall place the records in original pertaining to
order No. RLA. 206/68/Pt. III/92 dated 14.09.1977 wherein the said Department passed an order on 14.09.1977 whereby the District Judge, Goalpara
Dhubri was appointed as an Arbitrator under Section 18(1)(b) of the Requisitioning and Acquisition of Immovable Property Act, 1952 read with the
amended provisions of said 1952 Act, amended in 1968 with regard to LA Case No. 26/1965-66.
Issue notice in WP(C) No. 4367/2021, returnable by 15.02.2022.
As Mr. S.C. Keyal, learned Standing counsel, IWA; Mr. B. J. Talukdar, learned Standing counsel, Revenue and Disaster Management
Department as well as Mr. K. Goswami, learned Additional Senior Government Advocate, Assam have accepted the notices on behalf of the
respondent Nos. 1 & 2; 3 & 4 and 5 to 7 respectively, no formal notice need to be issued to those respondents.
Petitioners shall serve requisite extra copies of this writ petition including the annexures appended thereto to Mr. Keyal, learned Standing counsel,
IWA; Mr. Talukdar, learned Standing counsel, Revenue and Disaster Management Department as well as Mr. Goswami, learned Additional Senior
Government Advocate, Assam by tomorrow, i.e., 07.01.2022, obtaining necessary acknowledgment from them in that regard.
Till the returnable date i.e., 15.02.2022, the interim order passed earlier in WP(C) No. 6230/2017 shall remain in force.
With regard to the land involve in WP(C) No. 4367/2021, the parties to the said proceeding shall maintain status quo as on today till the returnable
date, i.e., 15.02.2022.
Copies of this order furnished to Mr. B. J. Talukdar, learned Standing counsel, Revenue and Disaster Management Department as well as Mr. K.
Goswami, learned Additional Senior Government Advocate, Assam for their necessary use.