Court directs Assam government to decide Mouchak Agro LLP’s appeal against land requisition for proposed NRL industrial estate before taking possession
Guwahati: The Gauhati High Court has put on hold a direction to take possession of more than 211 bighas of land in Assam’s Golaghat district, directing the state government to first decide an appeal filed against the land requisition.
Justice Manish Choudhury passed the order on August 20 in connection with land at Rajabali Bagan under Morangi Revenue Circle.
The land, measuring 211 bighas, 1 katha and 19 lessas, was requisitioned on May 6 by the Golaghat District Commissioner under Section 3(1) of the Assam Land (Requisition and Acquisition) Act, 1964. The land was intended for an industrial estate of Numaligarh Refinery Limited (NRL).
Mouchak Agro LLP challenged the requisition before the state government on May 29 under Section 3(3) of the Act. However, before the appeal was decided, a July 28 order directed the company to hand over the land within 10 days. The state government informed the court that the appeal remained pending.
The High Court observed that an affected party has a statutory right to challenge a requisition order and that the right cannot be undermined while the appeal remains undecided.
The court consequently suspended the July 28 possession direction until the state government disposes of the pending appeal.
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