DEBA KANTA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner herein is aggrieved by the inaction on the part of the Deputy Commissioner, Kamrup, Amingaon for not referring his request to the Court for determination of the actual market value of the acquired land as mandated under Sec. 12 (1) (b) of the Assam Land (Requisition and Acquisition) Act, 1964.

(2.) The record further reveals that for construction of a bridge over the river Brahmaputra connecting Panbazar to North Guwahati, a notification dtd. 29/5/2018 was issued under the provision of Sec. 3 (1) of the Assam land (Requisition and Acquisition) Act, 1964 for acquisition of different plots of land as mentioned in the said notification. In terms with the said notification, three plots of land of the petitioner, covered by Dag Nos.984, 985 and 986 of KP Patta Nos.138, 131 and 85 measuring different areas including residential houses, were acquisitioned. Subsequent thereto, separate notices dtd. 5/2/2019 were issued to the petitioner in LA Case No.17/2018 asking him to hand over the acquired land to the Circle Officer of North Guwahati Revenue Circle.

(3.) It is the case of the petitioner that the compensation of Rs.25.00 lakh per bigha which was awarded to the petitioner was not fixed by taking into account the market value of the land in question. It is the specific case of the petitioner that the market value of land at that relevant point of time was Rs.40.00 lakh per bigha. It is under such circumstances that the petitioner has submitted an application under Sec. 12 of the Assam land (Requisition and Acquisition) Act, 1964 seeking a reference to the Court to determine the actual market value of the acquired land. It is the further case of the petitioner that although the said application was filed and received as far back on 1/10/2019, but four years have already passed by and the respondent No.3 had not taken any action and the said application continues to remain pending.