Legal Heirs of Indrasan Prasad Choudhury Fail to Prove Constitutional Tort; Court Suggests Civil Suit for Damages
In a significant ruling, the Gauhati High Court has dismissed a writ petition filed by the legal heirs of Indrasan Prasad Choudhury, seeking compensation for alleged damage to property by state authorities. The court, presided over by Justice Devashis Baruah, ruled that the petitioners failed to establish a constitutional tort, as the demolished portion of their building was found to be encroaching on government land.
The case revolved around a property dispute concerning a plot of land in Lanka Town, Hojai District, where the petitioners claimed ownership of 2 Kathas 7 Lechas. However, state authorities contended that the petitioners only legally owned 2 Kathas 2 Lechas, with the remaining portion encroaching on government land designated as "Gobat" under Dag No. 1038.
The court noted that the original petitioner’s claims did not survive upon his death, and his legal heirs could not claim compensation for constitutional torts allegedly committed against his property. Justice Baruah emphasized that the right to seek compensation was personal to the deceased and did not extend to his successors.
Additionally, the court observed that issues concerning the assessment of damages and the extent of the alleged demolition are factual matters that fall under the jurisdiction of a civil court, not a constitutional court. The court advised the petitioners that they are free to pursue a civil suit for damages, noting that the limitation period for such a suit would exclude the time between February 28, 2017, and the date of the judgment, August 21, 2026.
The ruling underscores the legal principle that compensation for constitutional torts requires clear evidence of rights violations, and disputes over land ownership and damage assessments are better suited for civil courts.
Bottom Line :
Compensation for alleged constitutional tort cannot be awarded when the petitioner's building encroaches upon government land and no constitutional rights violation is established. Further, the right to claim compensation for loss is personal to the deceased petitioner and does not survive to the legal heirs.
Statutory provision(s): Assam Land and Revenue Regulation, 1886
Kalawati Devi v. State of Assam, (Gauhati) : Law Finder Doc id # 2969085
