ROUSHANARA BEGUM Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant writ petition has been filed by the Petitioner challenging the order dtd. 4/8/2016 passed by the Additional Deputy Commissioner, Kamrup (Metro) whereby it was decided that the acquisition compensation in respect to 9 bighas 2 kathas 18 lechas of land covered by Dag Nos.564, 557, 715, 718 (Part) of K.P. Patta No. 39 and Dag No. 414 (Part) of K.P.Patta No.164 of Village-Pachanipara under Dakshin Rani Mouza be paid to the Respondent No. 5 and if the parties are in any manner aggrieved, liberty was given to them to approach the competent court for legal remedy within one month of time from the date of receipt of the order.

(2.) The facts involved in the instant writ petition is that a proceedings under the Land Acquisition Act, 1894(for short 'the Act of 1894') was initiated for acquiring various plots of lands for the purpose of construction of Assam Rifles Headquarter. The said proceedings was registered as LA Case No. 6/2005. The Petitioner herein admittedly is the owner of 22 bighas of land covered by Dag Nos. 412, 413, 414, 418, 469, 471, 564, 557, 715, 718 included in K.P.Patta No.164 and 39 of Village-Pachanipara under Mouza-Dakshin Rani, P.S. - Palashbari in the District of Kamrup (Metro). It is also an admitted fact that the Petitioner had entered into an Agreement for Sale on 18/3/2001 for sale of the said 22 bighas of land to the Respondent No. 5 for a total consideration of Rs.4,50,000.00. At the time of entering into the said Agreement for Sale, an amount of Rs.50,000.00 was paid out of the total consideration of Rs.4,50,000.00 and thereupon as per the stand taken by the Respondent No. 5 in his affidavit and the documents enclosed, it transpires that the remaining consideration of Rs.4,00,000.00 was paid in five installments to the Petitioner. The records further reveals that there is an acknowledgement of the receipt of the entire consideration by the Petitioner. Subsequent thereto, on 4/8/2004, a Special Power of Attorney was executed and registered by the Petitioner whereby the Respondent No. 5 was appointed as a constituted Attorney. It is relevant to take note of what are the powers which have been conferred upon the Attorney in the Special Power of Attorney. The powers which have been conferred upon the Attorney are - to execute the Sale Deeds/Deeds for the plot of land measuring 22 bighas described in the Schedule to the Special Power of Attorney in favour of the intending purchaser, present the same before the authority concerned for its registration, admit execution thereof, grant receipt and to do all other acts, deeds and things necessary for completing the transactions. The Attorney was also authorized to obtain permission to register the Sale Deeds from the concerned authorities.

(3.) This Court further finds it relevant herein to take note of that pursuant thereto, the lands in question which was the subject matter of the Agreement for Sale dtd. 18/3/2001 admeasuring 22 bighas was never sold or conveyed in pursuance to the said Agreement for Sale as well as acting on the basis of the Special Power of Attorney. Be that as it may, out of this 22 bighas of land for which the Agreement for Sale was entered into between the Petitioner and the Respondent No. 5, 9 bighas 2 kathas 18 lechas of land which was covered by Dag No, 564, 557,715,718 (Part) of K.P. Patta No.39 and Dag No. 441 (Part) of K.P. Patta No. 164 was acquired by the Respondent Authorities in Land Acquisition Proceedings which have been registered and numbered as LA Case No.6/2005.