MCLEOD RUSSEL INDIA LTD. Vs. STATE OF ASSAM

JUDGEMENT

(1.) Aggrieved by the illegalities, which have allegedly been committed in the acquisition proceeding, covered by L.A. Case No. DRA 97/2009, the writ petitioners, who are lease holders of the land, in question, have put to challenge, with the help of this writ petition, made under Article 226 of the Constitution of India, the entire acquisition proceeding on the ground that the acquisition proceeding suffers from breach of several mandatory requirements of the provisions embodied in the Land Acquisition Act, 1894 (in short, the 'L.A. Act'). The admitted facts, as discernible from the materials on record, are as under:

(2.) The respondents have resisted the writ petition by contending, inter alia, that the land acquisition proceeding, in question, has been initiated, because of public purpose and there has been no infirmity in the acquisition proceeding. The respondents have, however. not disputed the materials facts, which we have indicated above except the fact that while the respondents claim that public notices had been issued under Section 4 as well as under Section 6 of the Land Acquisition Act. the petitioners dispute the same.

(3.) In the light of the admitted facts, therefore, we proceed to decide this writ petition.