THE GAUHATI HIGH COURT v. THE NORTHEAST FRONTIER RAILWAY (NFR)AND 5 ORS

6:SRI BIKASH SAHA RAILWAY CONTRACTOR AND SUPPLIER C/O. N.F. RAILWAY LUMDING DIVISION P.O. AND P.S. LUMDING DIST. HOJAI ASSAM-782447 Advocate for the Petitioner : MR. M H LASKAR Advocate for the Respondent : SC, RAILWAY HON’BLE MR. JUSTICE MANASH RANJAN PATHAK BEFORE 08-03-2022 ORDER Heard Mr. B. D. Das, learned Senior counsel assisted by Mr. M. H. Laskar, learned counsel for the petitioner and Mr. A. Barkataki, learned Standing counsel, Railways for the respondent Nos. 1 to 5. It is contended by the petitioner that he is a Senior Railway Contractor and had several contracts with the respondent Railway upto 29.11.2010. For the purpose of Railway contract works, the respondent in the N.F. Railways in February, 1987 allotted him its land measuring

367.50 Sq.m at Brickfield Colony, Lumding wherein, he had constructed number of go-downs on it to keep his goods and construction materials for such contract works with the Railways. As the respondent Railways sealed those go-downs and store-rooms of the petitioner at Brickfield Colony, Lumding, being aggrieved with such action, he has preferred this writ petition praying amongst others, for issuance of Writ of Mandamus and/or direction to the respondent in the N.F. Railways to unseal those store-rooms and go-downs of the petitioner and to grant him further period of 6 months up to 31.12.2021 to vacate the land in question Page No.# 3/5 along with the materials inside those go-downs and store rooms along with the structures of those go-downs and store rooms. P Petitioner has also prayed for a direction to the respondents in the N.F. Railways to prepare and submit the final bill in respect of Contract Agreement No.CE/7 dated 18.02.1987, the work of which was already completed in the year 1989 itself and also to pay the outstanding bills as well as to consider the representation of the petitioner dated 14.06.2021 submitted before the Divisional Engineer (IV), N. F. Railway, Lumding. It is also stated by the petitioner that the respondents in the Railways in the meanwhile, allotted the said land to the respondent No.6, namely, Bikash Saha, another Railway Contractor. The respondent N.F. Railways filed its affidavit in the matter stating that for the purpose of a contract work with them, the petitioner was allotted the said Railway land at Brickfield Colony, Lumding and the last contract work of the N.F. Railways was given to the petitioner on 29.11.2010. But as the petitioner did not vacate the said land and kept it with him for long period, even after completion of the said contract work allotted to him on 29.11.2010; the respondent Railways verbally informed him to vacate the said Railway land. As he did not comply the said request by vacating the said Railways land, the authorities in the Railways having no other alternative had to seal the go-downs and store rooms of the petitioner that he constructed over the said Railway land. It is also placed by the respondent Railways that as the contract work of the petitioner with the respondent Railways was complete long back, the petitioner unauthorizedly continued to occupy the said Railway land. As such the respondent Railways submitted that no such order in favour of the petitioner as prayed in this writ petition may be passed by the Court exercising the power of the Writ jurisdiction considering such facts. The petitioner admitted the fact that the land in question was allotted to him by the respondent Railways in February, 1987 during the contract work with the Railways and also admitted the fact that from time to time he had paid the occupancy rent for occupying the said land to the respondent Railways. On instruction of the petitioner Mr. Das, learned senior counsel submits that the Page No.# 4/5 petitioner is willing to vacate the said land and premises of the respondent Railways and for that he needs some time. After hearing the learned counsels for the parties and considering the entire aspect of the matter, this writ petition is disposed of at the motion stage itself directing the petitioner to submit a fresh representation before the Divisional Engineer (IV), N. F. Railway, Lumding on or before 23.03.2022 pertaining to vacate the said Railway land measuring 367.50 Sq.m at Brickfield Colony, Lumding along with a certified copy of this order. In the event of submitting such representation by the petitioner within the time so specified, before the Divisional Engineer (IV), N. F. Railway, Lumding, the respondent Railways shall consider the same in accordance with law, after giving an opportunity of hearing to the petitioner and shall pass a reasoned order intimating the petitioner about the outcome of the same including the amount of any such occupancy rent and others payable by the petitioner for occupying the said land. Further, in the event of payment of such occupancy rent and others, etc., the respondent Railways shall pass necessary order regarding unsealing of the store-rooms and go-downs constructed by the petitioner over the said Railway land, granting him a reasonable time to dismantle, remove the structures of his go-downs and store-rooms constructed by him over the said land and to vacate said land and premises measuring 367.50 Sq.m at Brickfield Colony, Lumding of the respondent N.F. Railways. However, it is made clear that with regard to any such payment for the contract work payable by the respondent N.F. Railways, the petitioner shall approach the appropriate forum for redressal of his such grievances. With the above observation and direction, this writ petition stands disposed of. JUDGE Page No.# 5/5 Comparing Assistant