KAMALA PHUKAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Ali, learned counsel assisted by Mr. R. Baruah, learned counsel appearing for the writ petitioner. Also heard Ms. G. Hazarika, learned Standing Counsel, Revenue and Disaster Management Department, Assam appearing for the respondent No.1, Mr. H. Sarma, learned Additional Senior Government Advocate, Assam appearing for the respondent Nos.2 and 3 and Mr. C. K. S. Baruah, learned Central Government Counsel appearing for the respondent Nos.4 and 5.

(2.) This writ petition has been filed seeking a writ of mandamus directing the respondents to disburse the amount of compensation payable to the writ petitioner for acquiring her land measuring 21 bighas 15 lechas. The facts of the case, in a nutshell, are that the respondent Nos.4 and 5 were in requirement of land in the Kamrup (Metro) District for setting up Indo Tibetan Border Police (ITBP) Battalion Headquarters. Accordingly, land measuring approximately 184 bighas was identified at Sonapur area under Panbari Mouza in the District of Kamrup. Notification under Sec. 4 of the Land Acquisition Act, 1894 was issued on 4/5/2013 and on 18/4/2014, notices under Sec. 5A of the Land Acquisition Act was issued/served upon individual pattadars/land owners inviting objections. After the objections were dealt with, a declaration under Sec. 6 of the Land Acquisition Act, 1894 was issued notifying the intention of the Government to acquire the land in question for construction of ITBP Headquarters. After following the due process laid down in the Land Acquisition Act, 1894, possession of the land was taken over and the ITBP Headquarters had been constructed over the said plot of land.

(3.) The writ petitioner herein claims to be the owner of 21 Bighas 15 Lechas of land which forms part of the land acquired by the District Administration for construction of the ITBPP headquarters. According to the case projected by the petitioner, notice under Sec. 54 of the Land Acquisition Act, 1894 was served upon her and she had duly responded to the same. Notwithstanding the same, no compensation for acquiring her land has been paid till today. Aggrieved thereby, the instant writ petition has been filed.