NABA KUMAR NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Judicial intervention in exercise of powers under Article 226 of the Constitution of India has been sought for essentially to protect the rights of persons represented by the petitioners holding lands under Mouza Sila Sundari Ghopa in the district of Kamrup against acquisition thereof and/or disposs -ession therefrom dehors the law and without paying any compensation therefor.

(2.) We have heard Mr. A.J. Atia, learned counsel for the parties and Mr. P.S. Deka, learned Govt. Advocate for the official respondents.

(3.) The pleaded facts outline the perimeter of the dispute. The petitioners have introduced themselves to be the President and Secretary of Changsari Krishak Sangstha (for short hereinafter referred to as the Union), comprised of agricultural land holders who are permanent residents under the Mouza aforenamed in the district of Kamrup, Assam. According to them, the persons represented by the Union are its members and hold land under pattas issued to them by the concerned revenue authority and have been paying the revenue/taxes as contemplated in law. It is stated that they have been possessing and cultivating their land as absolute owners over the years without any objection. That the Union has been authorized by its members to initiate this action has also been stated. According to them, their lands and the yield thereof are the only means of their livelihood. The petitioners have also set out the Dag and Patta numbers of the land of 24 of such persons contending that the same along with that of others, which form the subject matter of the proceeding is bounded on the - North - Ushajan Gaon, South - part of Cangshari Gaon, East - No.31 National High Way and West - Railway line of North -East Frontier Railways measuring in all about 400 Bighas. The petitioners have alleged that in the month of May,2010 while these persons were engaged in the cultivation of their respective plots, some anti -social elements sought to forcibly occupy the same, for which they submitted a representation on 07.05.2010 with the Deputy Commissioner, Kamrup (Rural) seeking his remedial intervention for maintaining law -and -order and for protecting their land and the crops. The representation was forwarded by the Addl. Deputy Commissioner, Kamrup, Amingaon to the O/C, Kamalpur Police Station for inquiry and report. The petitioners have alleged that the police instead of providing protection to them and the other land holders started intimidating them with the threat to forcibly evict them from their lands. Being aggrieved, though, they approached the Deputy Commissioner, Kamrup (Rural) for protection of their legal rights, their endeavours were in vain. It was, thereafter, that on 04.07.2010, the Officer -in -Charge, Cangshari Police Out Post came to the village of the petitioners and handed over a letter dated 04.07.2010 requiring them to be present in the office of the Deputy Commissioner (Rural), Amingaon on 06.07.2010 for filing their objection, if any relating to the land of the Food Corporation of India (hereinafter for short referred to as the FCI). According to the petitioners, they along with other land holders presented themselves before the aforementioned revenue authority and handed over to him a representation on 06.07.2010 soliciting necessary informations and particulars with regard to the land of the FCI as they had no knowledge whatsoever about the same. According to the petitioners, though the representation was duly received by the Deputy Commissioner (Rural) at Amingaon, no further action was taken thereafter. While the matter rested at that, and the district authorities maintained stoic silence over the issue, the petitioners noticed that red soil and boulders were being deposited on their land. On making inquiries of their own, they could come to learn that a godown of the FCI was proposed to be constructed thereon though, neither the district authorities, nor any other authority had either issued any notification in that regard or had forwarded a notice to the petitioners or any other member of the Union intimating the acquisition of their land for the said purpose. Contending in this factual premise that their attempted ouster from the land was neither in conformity with the provisions of the Land Acquisition Act, 1894 (hereinafter for short referred to as the Act) nor any other law and that thereby for all intents and purposes the persons involved were sought to be evicated therefrom without following any procedure legally prescribed and that too sans any compensation therefor, the petitioners approached this Court seeking redress, as above. In their additional affidavit, they have contended further that though this Court while issuing notice on 08.09.2010 had in the interim provided that the acquisition of the land in question would not be made except by following the procedure prescribed by law, the respondents kept on stacking construction materials on the land destroying thereby the standing crops thereon. They mentioned further that construing this illegal and uncalled for, intrusion into the land and interference with their right therein to be in violation of the orders of this Court, they brought these facts on record by filing an application for contempt registered as Contempt Petition (C) No.400/2011. Photographs showing the land with the construction materials thereon were also appended to the additional pleadings.