REKHA BAYAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The subject-matter of dispute, in the present two writ petitions, made under Article 226 of the Constitution of India, is the process of acquisition of land by the State for the purpose of construction of Driving Training Institute and Research of the District Transport Office. By this common judgment and order, we propose to dispose of both the writ petitions inasmuch as both these writ petitions involve the same process of acquisition, which form the subject-matter of challenge in these two writ petitions, and both these writ petitions have been heard, on the request made by the learned counsel for the parties concerned, together.

(2.) We have heard Mr. S. Bhattacharjee, learned counsel for the writ petitioner, and Mr. P.S. Deka, learned Additional Senior Government counsel, Assam. We have also heard Mr. D. Bora, learned Standing counsel, Department of Revenue, Government of Assam, and Mr. U. Rajbonghshi, learned Standing counsel, Transport Department.

(3.) In order to clearly appreciate the issues involved in the present set of writ petitions, it is imperative to look into the background of the presently impugned acquisition proceeding.