NAYA GHOSH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Dhar, learned counsel for the petitioners, Mr. B. Choudhury, learned Govt. Advocate, Assam and Mrs. G. Singh, learned Central Government Standing Counsel.

(2.) An area of land measuring 3 1/2 justies covered by permanently settled estate (Taluk) No. 14884/195 Khoas Baux and permanently settled estate (Taluk) No. 14885/196 Nasir Hanif alongwith other lands were requisitioned some time in the year 1964 for use by the B.S .F. authorities. The total area of land so requisitioned appears to be approximately 22 bighas belonging to the different land owners of which the petitioners are the owners of land to the extent of 3 1/2 justies as described above. Though possession of the land was handed over to the B.S.F. authority sometime in the year 1965 and such possession has continued unabated till date, the petitioner who has not been paid any compensation or rent in respect of her land, has instituted the present proceedings praying for appropriate orders from this court for payment of compensation for requisition and use of the land by the respondent authorities and in the alternative for release of the land from the possession of the respondent authorities.

(3.) Though the case has remained pending in the file nearly for five years, no affidavit has been brought on record by the respondent authorities. Consequently, this Court by order dated 19.12.2002 directed the respondent authorities of the Central Govt. Standing Counsel to file an affidavit indicating the following :