UTTAM PHANGSO Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant writ petition has been filed by the Petitioners seeking a direction upon the Respondent Authorities not to carry out the works for construction of New BG Railway Line over the lands belonging to the Petitioners and not to evict the Petitioners from their lands in possession and/or settle the lands with the Petitioners for adequate payment of compensation for the lands under possession of the Petitioners which have been acquired by the Government covered by Dag Nos. 713, 379 and 496 of Patta No. K Touzi Patta 38, 21, 67 of Village- Kamalajari, Mouza Sonapur, under Sonapur Revenue Circle in the district of Kamrup(M), Assam.

(2.) The facts of the instant case are that the Petitioners were admittedly in possession of the Government lands wherein they had built houses and raised crops. For the purpose of construction of the BG line, the said lands wherein the Petitioners were in possession were settled with the Railways.

(3.) The Petitioners being aggrieved on account of non-payment of the compensation for the lands which they were in possession as well as on account of the zirat had approached this Court earlier by filing a writ petition being W.P.(C) No. 1787/2013.