QUAZI ATIQUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. R. Choudhury, the learned counsel appearing for the petitioners. I have also heard Mr. P.S. Deka, the learned Addl. Sr. Government Advocate, Assam and its functionaries and Ms. A. Gayan, the learned CGC appearing for the Union of India and its functionaries.

(2.) All the three writ petitions being connected are taken up for disposal as they involve common question of facts and law. The issue involved in all the three writ petitions is whether after the acquisition proceedings under the provisions of the Land Acquisition Act, 1894(in short, the Act of 1894) having been completed pursuant to passing of the Award and the rights in respect to the land vesting upon the Government, the said land could be returned back to the petitioners from whom the land was acquired.

(3.) The brief facts of the three cases are that the petitioners are the owners of various plots of land as specifically mentioned in the respective writ petitions. On 14/1/2000, the Officer Commanding of the 97 Road Construction Coy (GREF) issued a Communication to the Deputy Commissioner, Karimganj District intimating that the Ministry of Surface Transport, Government of India had already accorded approval during November 1999 for construction of parking lay byes at 11 places along NH 44 from Jowai to Churaibari. In that view of the matter, vide the said communication a request was made that land for a width ranging from 10 to 30 metres parallel to the existing NH 44 at 11 places as per Appendix A to the said communication was required to commence the work in the right spirit and at the right time in the interest of road users and public. It was also requested that the Surveyor from the department should carry out a joint survey for the purpose of the proposed alignment of the lay byes and to prepare the land/ building acquisition estimate so that the estimated amount could be deposited before commencement of the physical execution work. On the basis of the said requisition made by the 97 Road Construction Coy (GREF) a notification under Sec. 4 of the Act of 1894 was issued on 27/8/2003. The said land acquisition case was registered and numbered as LA Case No. 2/2002-2003.