Sri Manjit Pachani vs The State Of Assam & Ors.

Heard Mr. G.G. Gogoi, learned counsel for the petitioner; Ms. G. Hazarika, learned Standing Counsel, Revenue & Disaster Management Department, Government of Assam for the respondent no. 1; Ms. M. Das, learned Standing Counsel, Public Works Department [PWD] for the respondent no. 2; and Mr. N. Das, learned Junior Government Advocate, Assam for the respondent nos. 3 – 6.

The writ petitioner is a son of one Sri Buparam Pachani @ Chutia. It is stated that Sri Buparam Pachani @ Chutia is a co-pattadar of two plots of land, [i] covered by Dag no. 919 [part] under Periodic Patta no. 99 [‘the subject-plot no. 1’, for short]; and [ii] Dag no. 911 [part] under Periodic Patta no. 34 [‘the subject-plot no. 2’, for short], situate at Revenue Village – Deolia Gobindapur Gaon, Mouza – Maskhowa, Dhakuakhana Revenue Circle, District – Lakhimpur, Assam. The other co-pattadars are Narayan Pachani @ Chutia and Moneswar Pachani @ Chutia, who are his own brothers. Parts of both the subject-plots came to be acquired for the purpose of a road project, ‘Construction of Dhakuakhana Butikur to Teliagaon Road under Assam Mala Project’ [‘the Project’, for short] by the respondent authorities under a Scheme, ‘Land Acquisition through Direct Purchase by way of Negotiated Settlement’, notified by the Public Works Roads Department, Government of Assam vide a Notification dated 20.01.2021, which was published in Issue no. 53 of the Assam Gazette dated 22.01.2021.

It is the case of the petitioner that though two Agreements were executed by all the pattadars of the said two subject-plots with the Requisitioning Agency [Public Works Roads Department] on 05.04.2022 mentioning the amounts of compensation assessed for acquired parts of the two subject-plots, it came to light subsequently that a structure in the form of a house standing on the subject-plot no. 1 [Dag no. 919] was not assessed for and included in the Zirat compensation, prepared by the respondent authorities.

As per the two Agreements, it is mentioned that an area of land measuring 4 Lessas [0.0132 Acre] from subject-plot no. 1 and another area of land measuring 19 Lessas [0.0627 Acre] from subject-plot no. 2 have been acquired. In the Agreements, the payment of compensation representing the market value including the value of the immovable property/assets attached thereto and the value of standing trees and crops, solatium, etc. were shown to be assessed at Rs. 48,732/- and Rs. 16,05,323.83 respectively.

When the petitioner came to know the amounts assessed under the different heads from the Compensation Statement prepared by the respondent authorities, he discovered that no assessment was made for a house standing on the subject-plot no. 1. Zirat compensation was assessed only for ten nos. of banana trees @ Rs. 3,600/- in connection with the subject-plot no. 1. The petitioner had, thereafter, represented before the respondent authorities to assess the zirat compensation for the house standing on the subject-plot no. 1, which for some reason got dropped and not assessed while assessing the zirat compensation for the subject-plot no. 1. The petitioner for the co-pattadars has claimed that the house existed on the subject-plot no. 1 is of RCC construction.

In the affidavit-in-opposition filed by the respondent nos. 3 – 6, apart from asserting that the landowners of the two subject-plots had willingly executed the agreements in Form-B, has further averred that the compensation amounts were calculated as per the provisions of the Scheme, ‘Land Acquisition through Direct Purchase by way of Negotiated Settlement’, notified by the Notification dated 20.01.2021. It is stated that the Public Works Department had assessed the house of the petitioner’s father, which is an Assam Type Building and submitted a Valuation Report, which was approved by the Competent Authority on 31.03.2022. Compensation statement was, thereafter, prepared for further processing and disbursement of the compensation amount. However, the petitioner submitted an application on 02.01.2025 before the respondent no. 3 to include the house structure standing on the subject-plot no. 1 and also, to increase the compensation amount. On receipt of the said application, the respondent no. 4 by a Notice dated 17.03.2025 asked the landowners of subject-plot no. 1 to attend a hearing scheduled on 21.03.2025 along with all the relevant records. Accordingly, hearing was conducted in presence of the affected landowners of subject-plot no. 1 and the other concerned officials involved in the process. As the landowners expressed discontent regarding the compensation amount, a report regarding assessment of zirat compensation was called for. On 29.05.2025, the respondent no. 4 held another hearing. A Joint Verification was thereafter, conducted by the Executive Engineer, Public Works Department, Lakhimpur District Territorial Division as regards the valuation made in respect of the subject-plot no. 1 giving a valuation of the house, stating it to be a Assam Type Building, was arrived at Rs. 1,30,254/-.

Thus, contrary to the claim made by the landowners that the house standing on the subject-plot no. 1 is of RCC construction, the Public Works Department had reported that the house was not actually RCC construction as it did not conform to the specifications of RCC Building.

In the affidavit-in-opposition of the respondent nos. 3 – 6, it is averred that after adding the amounts towards solatium, additional compensation @ 25% and interest @ 12% to Rs. 1,30,254/-, an amount of Rs. 3,41,265/- can be arrived at as a final compensation amount for the structure standing on the subject-plot no. 1. It is further mentioned that the final compensation amount could not be processed and disbursed to the landowners as they have not submitted the required documents.

The State Government has notified the Scheme, ‘Land Acquisition through Direct Purchase by way of Negotiated Settlement’ for acquisition of land for improvement and upgradation of State Highways and Major District Roads under Asom Mala Programme and Externally Aided Projects [EAP] for expeditious acquisition of land for speedy implementation of the programmes. The steps and features of the Scheme have been delineated in the Notification dated 20.01.2021, which was published in Issue no. 53 of the Assam Gazette dated 22.01.2021.

For the case in hand, the following steps are of relevance :-

In Clause 5 of Annexure-3 to the Scheme, ‘Land Acquisition through Direct Purchase by way of Negotiated Settlement’, a formula to arrive at the Direct Purchase Price is mentioned. Towards Direct Purchase Price, the landowners get an incentive of 25%, inclusive of relief and rehabilitation benefits, on the compensation calculated as per the provisions of Section 26 to Section 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement [RFCTLARR] Act, 2013, valuation of immovable assets and Schedule I of the RFCTLARR Act. The Direct Purchase Method is stated to be all encompassing and inclusive of all compensation and rehabilitation and relief benefits, as specified in the 2^nd Schedule of the RFCTLARR Act, 2013.

As per the stand taken by the respondent authorities in its affidavit-in-opposition, the landowners are found entitled to receive an amount of Rs. 3,41,265/- for the structure [house] existing on the subject-plot no. 1. On the other hand, the petitioner has canvassed that at first, the structure [house] was not assessed and not included in zirat compensation amount assessed for the subject-plot no. 1; and secondly, the landowners are not informed about the manner in which zirat compensation for the structure [house] existing on the subject-plot @ Rs. 3,41,265/- has been arrived at. The Scheme, ‘Land Acquisition through Direct Purchase by way of Negotiated Settlement’ speaks about pre-informed negotiation with the landowners and non-disclosure of the manner as to how the zirat compensation amount for the structure [house] has been arrived at will amount to violation of the landowner’s constitutional right under Article 300A of the Constitution.

From the provisions of the Scheme, ‘Land Acquisition through Direct Purchase by way of Negotiated Settlement’, it is discernible that the acquisition process is to be proceeded with by giving the landowner a pre-informed choice to agree to the Direct Purchase Price, which is to be calculated as per the formula at Annexure-3. The petitioner has contended that no compensation statement as per the formula for calculation of Direct Purchase Price has been disclosed to the petitioner/landowners and the manner in which the amount of Rs. 3,41,265/- has been arrived at is also not shown by them, which contention is not traversed by the respondent authorities.

This Court is of the considered view that the compensation amount for the structure [house] existing on the subject-plot no. 1 has to be strictly in accordance with the Direct Purchase Price formula mentioned in Annexure-3 of the Scheme and a landowner is entitled to receive a compensation statement along with the amount of compensation assessed for his plot of land which has been acquired, as well as for the structure [house] which existed on such acquired land. Therefore, the landowners of the subject-plot no. 1 are entitled to get a compensation statement, which must be calculated strictly in conformity with the formula for arriving at the Direct Purchase Price.

In the above view of the matter, this writ petition is disposed of with a direction to the respondent authorities, more particularly, the respondent no. 3 to disburse the amount of Rs. 3,41,265/- to the landowners of the subject-plot no. 1 towards land compensation and zirat compensation of the structure [house] standing thereon, along with the compensation statement prepared to that effect strictly as per the formula to arrive at the Direct Purchase Price. It is further observed that if as per the compensation statement, prepared strictly as per the formula for Direct Purchase Price, is found to be higher than the amount of Rs. 3,41,265/-, already arrived at, then such additional amount is also to be disbursed to the landowners. It is ordered that the entire process is to be completed within a period of three months from the date of submission of a certified copy of this order at the office of the respondent no. 3 by the petitioner. If after receipt of the compensation statement the landowners of the subject-plot no. 1 find themselves to be aggrieved in any manner, they will have the option of receiving the amount of Rs. 3,41,265/-along with the compensation statement, under protest, by completing the requisite formalities and it would be open for them to avail appropriate remedy as permissible under the law.

With the observations made and the directions given above, the writ petition is disposed of. No cost.