HARISH ALI BARBHUIYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N.H. Laskar, learned counsel for the petitioner; Ms. G. Hazarika, learned Standing Counsel, Revenue and Disaster Management Department for the respondent nos. 1 and 2; Mr. N. Goswami, learned Junior Government Advocate, Assam for the respondent nos. 3 and 4; and Mr. H. Gupta, learned Central Government Counsel for the respondent nos. 5, 6 and 7.

(2.) The petitioner has claimed that he is the owner of a few parcels of land, in total, 83 Bighas, 7 Kathas and 10 Chattaks, covered by Dag no. 40, 83, 266, 267 Kha and 268 and Patta no. 7, located at Village - Tarapur Part-II, Pargona - Barakpar, Silchar, District - Cachar, Assam. Annexing supporting documents with regard to his such claim, it is contended by the petitioner that the said parcels of land measuring 83 Bighas, 7 Kathas and 12 Chataks were acquired by the respondent authorities by acquisition proceedings initiated vide L.A. Case no. 12/2008-2009 for public purpose, viz. 'Construction of acquired land at Masimpur for the purpose of Defence [Pocket land]'.

(3.) From the Notification bearing no. RLA142/2009/2 dtd. 23/7/2009 and published in the Assam Gazette in its issue dtd. 23/7/2009, the Revenue and Disaster Management Department, Government of Assam issued a Notification under Sec. 4 of the Land Acquisition Act, 1894 ['the L.A. Act, 1894', for short] intimating that the lands within the boundaries described therein measuring more or less 196 Bighas, 1 Katha and 12 Chattaks in Village - Tarapur-II, Ph. Barakpar, Sub-Division - Silchar in the district of Cachar was likely to be needed for a public purpose viz. 'Construction of acquired land at Masimpur for the purpose of Defence [Pocket Land]'. The said Notification under Sec. 4 was issued in exercise of the power under Sec. 17[4] of the L.A. Act, 1894.