FUKAN RABHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The validity of the proceedings being L.A. Case No. 18/2006 registered under the Land Acquisition Act, 1894 (for short, hereinafter referred to as 'the Act') and the consequential orders/notices, amongst others, dated 12.10.2007 and 8.11.2007 addressed to the petitioners to accept compensation for their land along with the zirat standing thereon and hand over possession thereof to the concerned Revenue authority have been collectively impeached seeking annulment thereof in the exercise of this Court's extraordinary writ jurisdiction. This Court by order dated 21.1.2008 had, in the interim, required the parties to maintain status quo with regard to the land involved and as has been submitted at the Bar, the impugned proceedings have not been furthered thereafter. Resultantly, the possession of the land has not been handed over to the acquiring authorities.

(2.) We have heard Mr. N. Dutta, Senior Advocate for the petitioners; Mrs. B. Goyal, learned Govt. Advocate for the State respondents; Mr. B.C. Das, Senior Advocate for the respondent No. 4, Border Security Force (for short, hereinafter referred to as 'the BSF') and Mr. K. Paul, learned counsel for the respondent No. 5 impleaded subsequent to the institution of the writ petition.

(3.) An abridged version of the pleaded facts would outline the orientation of the parties. The petitioners asserting to be permanent residents of the District of Kamrup and belonging to the Rabha community, identified as Scheduled Tribe of the State of Assam have claimed along with others possession of the land sought to be acquired. According to them, in the concerned area situated under the Barduar Mouza more than ten thousand indigenous people inhabit. These people mostly belonging to the Rabha Tribe have spread over an area of 250 Bighas which encompasses villages like Jarapata, Koch-para, Hanpara, Deupani, Membasti and Tulsibari. According to them, they own and possess the land in their occupation and have their homestead as well as cultivation thereon. They have asserted that these lands have been inherited by them from their forefathers and that they are possessing the same with their families since about last more than hundred years. According to them, these lands are covered by patta and they are khatian holders some of which are in the name of their predecessors-in-interest. That they are paying revenue to the concerned State department duly and regularly has also been averred.