WAHIDA RAHMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant writ petition has been filed by the Petitioner challenging the acquisition of the land of the Petitioner in L.A. Case No.4/1979-80, whereby the land of the Petitioner was acquired.

(2.) The brief facts of the instant case is that the father of the Petitioner was the owner of a plot of land measuring 3 Bighas 3 Kathas 2 Lechas under Dag No. 210 covered by Periodic Patta No.53 under Mouza ' Maha Bhairabpad of Village No.1 Dulabari. An acquisition proceeding was initiated under the provisions of the Land Acquisition Act, 1894 (for short 'Act of 1894') which was registered and numbered as L.A. Case No.4/1979-80. Out of the said land of the petitioner, a plot of land measuring 2 Bighas 17 Lechas was acquired and thereupon the revenue records were corrected in favour of N.F. Railway. It is relevant to take note of that though the land was acquired from the Petitioner neither the possession of the land was not taken nor the Petitioner or her predecessor-in-interest was paid compensation.

(3.) This Court further made a specific query upon Mr. B.J. Talukdar, learned Counsel appearing on behalf of the Revenue Department as to whether there is any document to show that any amount of compensation was deposited in the Court for acquiring the land of the petitioner. Mr. B.J. Talukdar submits that as per his instructions, no amount of compensation was also deposited in the Court for onward disbursement to the petitioner.