LAWS(TRIP)-2014-9-58

EXECUTIVE ENGINEER, MINOR IRREGATION & FLOOD CONTROL; LAND ACQUISITION COLLECTOR Vs. MADHUSUDHAN BHOWMIK

Decided On September 26, 2014
Executive Engineer, Minor Irregation And Flood Control; Land Acquisition Collector Appellant
V/S
Madhusudhan Bhowmik Respondents

JUDGEMENT

(1.) By means of this Judgment, L.A. APP No. 09 of 2008 and CO (FA) 08 of 2008 are being disposed of as they arise out of the same judgment.

(2.) Briefly stated the facts relevant of the case are that by Notification dated 28.10.1977 issued under Section 4 of the Land Acquisition Act, 1994, 1.13 acres of land was acquired for the purpose of diversion of River Gomati at Rangamati. Thereafter, another Notification under Section 4 was issued on 23.10.1979 whereby, another area of 0.13 acre was acquired. It is not disputed that thereafter, the matter was decided by the Land Acquisition Collector and compensation was paid to the petitioners.

(3.) Consequent to the Judgment of the Division Bench, the 0.54 acres of land was also acquired by the State Government and notification under Section 4 was issued on 8th November, 2004.