ON THE DEATH OF NADIR SHAH HIS LEGAL HEIR SMT. SURAYA BEGUM (WIFE) AND TWO OTHERS Vs. STATE OF ASSAM & OTHERS

JUDGEMENT

(1.) The two writ petitions relate to a piece of land covered in two Dag number of Kamrup District, Mouza Ulubari, village Sahar Gauhati. One is Dag No. 3216, K.P. Patta No. 627 measuring 3 Kathas 12 Lechas. The second is in Dag No. 3217, K.P. Patta No. 627 measuring 4 Kathas. The two pieces cover 1 Bigha 2 Kathas 12 Lechas. The boundaries of the land are North-Road, South 3249 dag, East 3218 dag and West-Road. This land by description times out of number is referred in the two writ petitions. We in this order refer the land as suit land. The suit land was requisitioned on Aug. 28, 1958 and later by a notification was acquired on May 21, 1980. The suit land was the subject of an Agreement on Jan. 19, 1985. Most of the questions that survive for consideration relate to the Agreement. We however give a brief resume of events that led to the Agreement and what followed later to the agreement.

(2.) To begin at the beginning the suit land is owned by three persons, Nadir Shah, Shah Nawaz and Shah Nasim, the petitioner in Civil Rule 908 of 1983 filed on Aug. 12, 1983. The three are the old residents of Gauhati town. The three own buildings, tenaments in Ward No. III of Gauhati. Some of the houses they own bear holding Nos. 115, 115A, 115B, 116, 116A, 116B, 117, 118, 119, 120 and 121. Some tenaments are let out by them to tenants who in the demised premises vend grocery, stationery, tea, bakery, shoes, cloth. Nadir Shah one among the three in holders himself is a vendor of groceries. The facts in the two cases relate to establishment of markets in Gauhati therefore we may recount here a brief history of the markets.

(3.) At Rehabari of Gauhati there was a market called Refugee Market where vegetables and fish were sold in Dag Nos. 1468 and 1470. This land is adjacent to the suit land. The Gauhati Municipal Corporation (G.M.C.) intended to establish a market in land measuring 6 Bighas 3 Kathas 19 Lechas in Paltanbazar in Dag No. 1417 of Patta No. 381 owned by Sheikh brothers-Sheikh Khoda Hafez; Sheikh Ali Hussain and Sheikh Sultan Hussain. On Oct. 6, 1956 by a resolution the G.M.C. requested in vain the Government to acquire the land of Sheikh brothers. The State Government requisitioned the suit land on Aug. 28, 1958 and fixed the requisition compensation at Rs. 12,000/.