MUNINDRA NATH ACHARYEE Vs. OIL INDIA LTD

JUDGEMENT

(1.) Heard Shri M. Saikia, learned counsel for the petitioner. Also heard Shri I. Choudhury, learned Senior Counsel assisted by Shri A. Sarma and Shri K. Kalita, learned counsel for the Oil India Ltd. (respondent nos. 1 to 3) as well as Shri N. Goswami, learned State Counsel for the respondent no. 4 and Shri A. Bhattacharyya, learned Standing Counsel, Revenue Department for respondent no. 5.

(2.) The writ petition has been filed with the following prayers:-

(3.) The facts projected is that patta land of the petitioner admeasuring 4 Bighas 1 Katha 1 Lecha was taken over possession by the Oil India Ltd. (hereinafter OIL) in the year 2009. Though the receipt of Zirat for the land in question has been admitted, the primary contention is that no acquisition proceeding was ever initiated and no Notice required for the said purpose was ever issued. It is contended that by taking recourse to the Right to Information Act, 2005, the value of the land as per the Government fixation was ascertained which was stated to be Rs.5,00,000.00 (Rupees Five Lakh) per Bigha. It is also contended that similar persons whose lands were taken over by the OIL were paid compensation at the rate of Rs.10,00,000.00 (Rupees Ten Lakh) per Bigha in the year 2010.