Gauhati High Court

I.A.(Civil)/2051/2026 of THE CHAIRMAN, Vs MADHU RAM DAS AND ORS on 21 June 2026

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GAHC010142262019 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2051/2026 THE CHAIRMAN DEFENCE RESEARCH AND DEVELOPMENT ORGANIZATION DRDO NEW DELHI 2: THE CHIEF CONSTRUCTION ENGINEER R AND D MINISTRY OF DEFENCE RESEARCH

GAHC010142262019

undefined

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : I.A.(Civil)/2051/2026

THE CHAIRMAN

DEFENCE RESEARCH AND DEVELOPMENT ORGANIZATION DRDO NEW

DELHI

2: THE CHIEF CONSTRUCTION ENGINEER R AND D

MINISTRY OF DEFENCE RESEARCH DEVELOPMENT ORGANIZATION DRDO

BORJHAR GUWAHATI

VERSUS

MADHU RAM DAS AND ORS

SON OF LATE BIPIN CH DAS RESIDENT OF CHANGSARI VILL BALIBILL PO

AND PS CHANGSARI KAMRUP GUWAHATI 781101

2:NIVA DAS

WIFE OF RESIDENT OF CHANGSARI VILL BALIBILL PO AND PS

CHANGSARI KAMRUP GUWAHATI 781101

3:DEEPEN DAS

SON OF LATE GIRIDHAR DAS RESIDENT OF CHANGSARI VILL BALIBILL PO

AND PS CHANGSARI KAMRUP GUWAHATI 781101

4:KAMAL DAS

SON OF LATE GIRIDHAR DAS RESIDENT OF CHANGSARI VILL BALIBILL PO

AND PS CHANGSARI KAMRUP GUWAHATI 781101

5:KUMUD DAS

SON OF LATE GIRIDHAR DAS RESIDENT OF CHANGSARI VILL BALIBILL PO

AND PS CHANGSARI KAMRUP GUWAHATI 781101

6:DEEP DAS

SON OF LATE GIRIDHAR DAS RESIDENT OF CHANGSARI VILL BALIBILL PO

AND PS CHANGSARI KAMRUP GUWAHATI 781101

7:GOPAL DAS

SON OF LATE SUNESHWAR DAS RESIDENT OF CHANGSARI VILL BALIBILL

PO AND PS CHANGSARI KAMRUP GUWAHATI 781101

8:JATIN DAS

SON OF LATE SUNESHWAR DAS RESIDENT OF CHANGSARI VILL BALIBILL

PO AND PS CHANGSARI KAMRUP GUWAHATI 781101

9:GIRISH DAS

SON OF LATE SUNESHWAR DAS RESIDENT OF CHANGSARI VILL BALIBILL

PO AND PS CHANGSARI KAMRUP GUWAHATI 781101

10:PRASANA DAS

SON OF LATE KALIRAM DAS RESIDENT OF VILLAGE SARANGBARI PO

AND PS TAMULPUR DISTRICT BAKSA 781367

11:PHANIDHAR DAS

SON OF LATE KALIRAM DAS RESIDENT OF VILLAGE SARANGBARI PO

AND PS TAMULPUR DISTRICT BAKSA 781367

12:DIPIKA DAS

WIFE OF LATE BHABA DAS RESIDENT OF VILLAGE NO 1 JALAH

CHANGSARI PO AND PS CHANGSARI DISTRICT KAMRUP 781101

13:INDRAJIT DAS

SON OF LATE BHABA DAS RESIDENT OF VILLAGE NO 1 JALAH

CHANGSARI PO AND PS CHANGSARI DISTRICT KAMRUP 781101

14:DEPALI DAS

WIFE OF LATE KESHAB DAS RESIDENT OF VILLAGE NO 1 JALAH

CHANGSARI PO AND PS CHANGSARI DISTRICT KAMRUP 781101

15:DEEPJYOTI DAS

SON OF LATE KESHAB DAS RESIDENT OF VILLAGE NO 1 JALAH

CHANGSARI PO AND PS CHANGSARI DISTRICT KAMRUP 781101

16:KALBI HASAN AHMED

SON OF LATE KUJIBUDDIN RESIDENT OF GANDHIBASTI BYE LANE 1

HOUSE NO2 GUWAHATI ASSAM 781003

17:UNION OF INDIA

THROUGH THE SECRETARY TO THE GOVT OF INDIA DEPARTMENT OF

DEFENCE R AND CHAIRMAN DEFENCE RESEARCH AND DEVELOPMENT

ORGANIZATION DRDO NEW DELHI

18:THE STATE OF ASSAM

THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVT OF

ASSAM REVENUE AND DISASTER MANAGEMENT DISPUR GUWAHATI

781006

19:DEPUTY COMMISSIONER

KAMRUP AMINGAON 781031

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For the Applicant(s) : Mr. S. C. Keyal, Sr. Advocate

For the Respondent(s) : Mr. S. K. Ghosh, Advocate : Ms. N. Kakati, Government Advocate : Mr. J. Handique, SC, Revenue BEFORE

HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

Date : 22.06.2026

This is an application filed by the Applicants who are the officials of the Defence Research and Development Organization (DRDO) seeking directions upon the Deputy Commissioner, Kamrup and Forest Range Officer, Sila Range, Amingaon to clarify with regard to the discrepancy of the land admeasuring 8 Bighas with regard to Dag No.101 of Patta No.09 of village Natuanacha, Kamalpur Revenue Circle. It is also mentioned that post clarification, the payment of ex-gratia would be made and as such, the directions which were passed by the learned Coordinate Bench of this Court vide the order dated 28.01.2026 be extended.

2. Mr. S. K. Ghosh, the learned counsel appearing on behalf of the Writ Petitioner submitted that the 8 Bighas of land, reference of which have been made by the Applicants, have no relation with the lands of the Petitioners and as such, there is no requirement for awaiting the resolution to the discrepancy as mentioned in the application.

3. This Court had heard the learned counsels appearing on behalf of the parties and it is the opinion of this Court that as there is no discrepancy in respect to any other land except the 8 Bighas of land which pertains to Dag No.101 of Patta No.09 of village Natuanacha, Kamalpur Revenue Circle, the directions which have been sought for in the instant application for granting a further extension can only be permitted in respect of 8 Bighas of land covered by Dag No.101 of Patta No.09 of village Natuanacha, Kamalpur Revenue Circle and not for other lands.

4. In respect to the other plots of land, admittedly as there is no discrepancy, it is the opinion of this Court that the Applicants are required to make due payment of the ex-gratia as per the directions passed by the learned Coordinate Bench of this Court in the order dated 28.01.2026.

5. Accordingly, the instant application stands disposed of thereby directing the Applicants herein to make payment of the ex-gratia in respect to the lands which are covered by the directions contained in the order dated 28.01.2026. However, in respect to the land admeasuring 8 Bigahs covered by Dag No.101 of Patta No.09 of Natuanacha village under Kamalpur Revenue Circle, the ex-gratia would not be required to be paid till 14.09.2026 i.e. the next date fixed in the accompanying writ petition or the discrepancies resolved, whichever is earlier.

6. With above observations and directions, the instant Interlocutory Application stands stands disposed of.

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