ANIL BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this writ petition instituted under Article 226 of the Constitution of India, the petitioners have sought for a direction to the respondent authorities to pay just, proper and adequate compensation for two parcels of land, situate in Village - Nandikeswar, Mouza - Chilabandha, Na-Duar Revenue Circle, District - Sonitpur in respect of which the Right of User [RoU] had been acquired by the Government of India in the Ministry of Petroleum and Natural Gas in exercise of the powers conferred under the provisions of the Petroleum and Mineral Pipelines [Acquisition of Right of User in Land] Act, 1962.

(2.) The petitioners, 7 [seven] in nos., are from the same family and their predecessor was one Late Jogen Baruah. While the petitioner no. 1, the petitioner no. 2, the petitioner no. 3, the petitioner no. 4, the petitioner no. 6 and the petitioner no. 7 are brothers, all sons of Late Jogen Baruah, the petitioner no. 5 is the wife of one Late Dip Baruah, who was another son of Late Jogen Baruah. It is the case of the petitioners that they are owners of two parcels of land measuring - [i] 4 Kathas, covered by Dag no. 605 and Patta no. 224; and [ii] 1 Bigha 4 Lessas, covered by Dag no. 634 and Patta no. 224, - situate in Village - Nandikeswar, Mouza -Chilabandha, Na-Duar Revenue Circle, District - Sonitpur ['the subject-plot', for short]. The petitioners were served notices, all dtd. 18/9/2020, by the respondent no. 3 whereby they were informed that the areas of land mentioned therein would be acquired by the Central Government exercising the Right of User [RoU] in public interest for laying of underground Pipeline by M/s Indradhanush Gas Grid Limited [IGGL]. The Schedule of Land within the subjectplot, situate in Village - Nandikeswar, Mouza - Chilabanda, Revenue Circle - Naduar, District -Sonitpur, in respect of the Right of User had been sought to be exercised were as under :- SCHEDULE OF LAND