KRISHNA BARUAH Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This writ appeal is directed against judgment and order dated 13-4-2007 passed by learned Single Judge in WP(C) No. 44(SH) of 2003 whereby said court has dismissed the writ petition. In the writ petition, the petitioner had challenged notifications dated 5-1-2001 and 16-1-2001 issued by Govt. of Meghalaya under Section 4 and under Section 17(4) of Land Acquisition Act, 1894.

(2.) Heard learned counsel for the parties and perused the record.

(3.) Brief facts of the case are that the writ petitioner/appellant resides in Bashistha Road, Beltolla, Guwahati, District Kamrup with her children after the death of her husband. (Late) Chittaranjan Baruah (husband of the appellant), before his death owned properties including the property known as 'Maxwelton Estate' situated at Kench's Trace, Laban, Shillong which consisted of 2 plots, one measuring 8.73 acres and another 1.5 acres. Said property was inherited by the writ petitioner/appellant, Smti Krishna Baruah and her children, on the death of her husband on 17-8-1991. A house was constructed over one of the plots by one Shri J.N.Bawri, Power of Attorney holder over a part of the land in question. The State of Meghalaya vide notification No. RDA.1/2001/39, dated 5-1-2001 declared under Section 4 of the Land Acquisition Act, 1894 that the land Maxwelton Estate, Kench's Trace, Shillong is required for public purpose and is to be acquired with the boundaries shown in the schedule as under: