Mr. Habibur Rahman of Dispur submitted an application before the Chief Information Commissioner which was received on 8.8.2006 with the complaint that he did not receive information as sought for by him from the PIO of the office of the Deputy Commissioner Kamrup (M). The Commission heard the parties on 21.9.2006 in which the Deputy Commissioner Kamrup (M) along with Shri Jayanta Dutta Lahkar, ACS, Addl. Deputy Commissioner, Kamrup (M) & PIO of the office of the Deputy Commissioner Kamrup (M) and as well as the complainant were present. The Deputy Commissioner Kamrup (M) informed that the relevant records of the Land Acquisition Case No. 42/83 were not traceable and efforts were being made to locate the same. He further stated that he had fixed up a date for joint verification of the land and issued notices to the petitioner as well as the Commissioner Taxes to be present on the date for joint verification of the land. On hearing both the parties the Commission directed that the records of Land Acquisition Case No. 42/83 be located by the Deputy Commissioner Kamrup (M) / PIO within the next date fixed and the information be furnished to the petitioner within that period.

The Deputy Commissioner Kamrup (M) has submitted before the Commission today that the complainant was informed about the non-availability of the records for giving reply to para 1, 2 & 3 of his petition dated 17.7.2006. He was informed that the office of the Deputy Commissioner Kamrup (M) is not in a position to provide the said information. The Deputy Commissioner Kamrup (M) further informed that a joint spot verification was carried out with the officials / staff of the Land Acquisition branch, Deputy Commissioner’s Office, Kamrup Metropolitan District, Settlement Office, the Commissioner of Taxes Office during which it transpires that 11 lechas of land in dag no 217 is at present not under the possession of Kar Bhawan nor utilized by Kar Bhawan and is lying outside the Kar Bhawan. He has further informed that the Kar Bhawan has been directed to let his office know if the said land is required or not so as to enable the authority concerned for taking necessary action for acquisition or derequisition of the said plot of land. The Deputy Commissioner Kamrup (M) further informed that the land in dag no 216 was declared as Ceiling Surplus in the Urban Land Ceiling Case No. 354/76 and as such the complainant is not entitled to compensation under the Land Acquisition Case.


Decision of the Commission:

The Commission on hearing both the parties finds that Shri Avinash Joshi, IAS, Deputy Commissioner, Kamrup (M) as well as Shri Jayanta Dutta Lahkar, ACS, Addl. Deputy Commissioner, & PIO of the office of the Deputy Commissioner, Kamrup (M) have made sincere efforts to find out the records of the Urban Land Ceiling Case to make it clear to the complainant that the land under Dag No 216 which the complainant presumed to have been acquired under the Land Acquisition Act for Kar Bhawan was, infact, declared ceiling surplus and the land measuring 11 lechas in Dag No 217 was found to be remaining unutilized and the Deputy Commissioner, Kamrup (M) has rightly written to the Kar Bhawan authorities to let him know whether the said land is required by the Kar Bhawan authorities or not. In case the said land is not required by the Kar Bhawan, the complainant will get back the said 11 lechas of land on de-requisition by the Deputy Commissioner, Kamrup (M) and the necessary compensation for requisition of the land up to date shall have to be paid and in case the said 11 lechas of land is required by the Kar Bhawan authorities the said land will be acquired by the Deputy Commissioner, Kamrup (M) in which case compensation as per Land Acquisition Act shall have to paid to the complainant. In so far as the land declared as ceiling surplus under the Urban Land Ceiling Act is concerned, the petitioner may feel free to move the Deputy Commissioner, Kamrup (M) for payment of compensation as per the said Act if not already paid.

The Commission records its appreciation of the good work done by Shri Avinash Joshi, IAS, Deputy Commissioner, Kamrup (M) and by Shri Jayanta Dutta Lahkar, ACS, Addl. Deputy Commissioner, & PIO of his office in locating some of the old records for giving information to the complainant.