SHAKIR AHMED BARBHUYAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.H. Choudhury, learned Senior Counsel assisted by Mr. P. Chakraborty, learned counsel for the petitioners; Mr. B. Gogoi, learned Standing Counsel, Public Works Department for the respondent nos. 1 and 5; and Mr. R. Talukdar, learned Junior Government Advocate, Assam for the respondent nos. 2, 3 and 4.

(2.) The State Government in the Public Works [Development A-1 Branch] Department published a notification dtd. 20/1/2021 whereby it has notified 'the Land acquisition through Direct Purchase by way of negotiated settlement for improvement and upgradation of State Highways and Major District Roads under Asom Mala Program and Externally Aided Projects' ['the Scheme', for short]. The said notification was published in the Assam Gazette on 22/1/2021. By the said Scheme, the State Government has adopted a process of land acquisition through direct purchase by way of negotiated settlement for improvement and up-gradation of State Highways and major district roads under the Asom Mala Program and Externally Aided Projects and the Scheme has envisaged a number of steps for such negotiated settlement.

(3.) The respondent no. 4 had published a notice dtd. 11/2/2022 whereby it was notified that land measuring 1 Katha 14 Lessas [1K-14L], covered by Dag no. 396 and Patta no. 63 and Dag no. 396/539 and Patta no. 194, located at Village Nilbagan, Mouza - Namati, District - Hojai would be acquired under the Scheme and directed the pattadars/possessors of those parcels of land to submit their land related documents at his office on 21/2/2022. By the said Notice dtd. 11/2/2022, the two petitioners herein were informed along with other persons. The afore-mentioned notice was followed by another notice published in the Assamese daily newspaper, Axomiya Pratidin in its issue dtd. 30/3/2022, whereby, the pattadars/possessors including the two petitioners were informed that their parcels of land indicated therein, are proposed to be acquired for road construction under the Asom Mala from Hamren to Howraghat Tiniali by the District Level Land Purchase Committee through direct purchase by way of negotiated settlement and the pattadars/possessors had been asked to file their objections, if any, before the Chairman, District Level Land Purchase Committee, Hojai within 15 [fifteen] days from the date of publication of the notice.