JYOTSNARANI PODDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. C. Baruah, the learned Senior Counsel appearing for the petitioner. The respondent Indian Oil Corporation Ltd. (Assam Oil Division) [in short IOCL(AOD)] and their officers (respondents 6 & 7) are represented by the Senior Counsel Mr. S.N. Sarma. The respondents 1, 2 & 3 are represented by the learned Government Advocate Mr. J. Handique.

(2.) THE petitioner is the owner of 8 Lechas of land covered by Dag No.1436, Periodic Patta No.78 by the side of the Digboi -Pengree road which he purchased in the year 1982 from one Lakheswar Gogoi. Alleging unauthorized demolition of his shop on the said land on 13.7.2010 by the State officials and the IOCL (AOD), the petitioner prays for restoration of possession and compensation for demolition.

(3.) FOR the respondents IOCL (AOD), Mr. S.N. Sarma, the learned Senior Counsel firstly submits that the petitioner's shop exrtended beyond his own land (covered by Dag No.1436 under Periodic Patta No.78) and the demolition was of the illegal front portion of the shop, abutting on to the PWD roadside on the IOC's land in Dag No.557 under Periodic Patta No.1 and therefore it is argued that the petitioner is an encroacher of the Company's land and moreover the demolished structure was not legally constructed.