NIRMAL BHOWMIK Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Shri M.K. Choudhury, learned Senior Counsel assisted by Shri A.U. Ahmed, learned counsel for the petitioners. Also heard Ms. S. Sharma, learned State Counsel for the State respondents whereas Shri R. Borpujari, learned Standing Counsel, Revenue Department has represented the respondent nos. 1, 2 & 3. Shri B. Gogoi, learned Standing Counsel, PWD is also present.

(2.) Considering the nature of the grievance expressed and also the fact that the State respondents have filed their affidavit and the records have also been produced, this matter is taken up for final disposal at the admission stage.

(3.) The facts projected in the writ petition is that a Land Acquisition Proceeding was initiated under the provisions of the Land Acquisition Act, 1894 (herein after the Act) in which after the notification under Sec. 4 of the Act, the declaration under Sec. 6 of the Act was published on 7/10/2013. The Acquisition case was registered as L.A. Case No. 10/2013-14 and the acquisition was for construction of Patharkandi bye-pass under Mouza Moina, Part-I in the district of Karimganj. As per the petitioners, under Sec. 11 A of the Act, the Award was required to be published within 2 (two) years. However, the petitioners contend that such Award was not published and under those circumstances, the petitioners contend that the Acquisition Proceeding had lapsed and in that event, a fresh proceeding has to be drawn up. It is the further case of the petitioners that since the earlier Act of 1894 is replaced by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013, the fresh proceeding has to be under the 2013 Act. The following prayers have been made in this petition: