FAZAR ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE instant writ petition is filed by the petitioner, Sri Fazar Ali, for acquiring his land as mentioned in the instant writ petition which has fallen outside the border fencing and also for a direction to the respondents to acquire his land or to purchase the same. Heard Mr. K.N. Bhattacharji, learned senior counsel, assisted by Mr. R.C. Deb, learned counsel, who is appearing on instruction of Mr. S. Acharjee, learned counsel for the petitioner as well as Mr. P.K. Biswas, learned Assistant S.G. appearing for the respondent Nos. 1 to 3 and 7 and Ms. A.S. Lodh, learned Additional Government Advocate appearing for the State -respondents.

(2.) THE learned counsel for the petitioner submits that this case is fully covered by the decision of this Court in W.P. (C). No. 169 of 2007 (Sri Ahid Miah v. The Union of India) as well as the decision of the learned single Judge of the Gauhati High Court, Agartala Bench in W.P. (C). No. 48 of 2009 (Md. Alamgir Miah v. The Union of India). Thus, he prays that a similar order may be passed.

(3.) PLEADED case of the petitioner, in brief, is that he has been residing at village Kulubari under Sonamura Sub -Division. He has got his landed properties in the said village where he has constructed his house and is also cultivating certain areas of land. The respondents have acquired some land of the petitioner for the purpose of construction of border fencing by barbed wire maintaining a distance of about 150 yards inside from Bangladesh border, and a border road inside the fencing has been proposed to be constructed. But the land, houses etc. lying on the other side of the proposed fencing has not been acquired by the respondents. Hence, the instant writ petition.