GILLAPUKRI TEA COMPANY LTD Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. K. Kejriwal, learned counsel for the petitioner. Also heard Ms. G. Hazarika, learned Standing Counsel, Revenue and D.M. (LR) Department for respondent No.1, Ms. U. Das, learned Addl. Senior Government Advocate, Assam for the respondent Nos.2 and 3 and Mr. S. Das, learned counsel for the respondent No.4.

(2.) By filing this writ petition, the petitioner has challenged the impugned letter dtd. 6/2/2014, issued by the Deputy Secretary to the Govt. of Assam, Revenue and D.M. (LR) Department, whereby an award amounting to Rs.5,95,41,736.00 (Rupees five crore ninety five lakh forty one thousand seven hundred and thirty six) only has been approved in connection with acquisition of land for construction of "Plastic Park" in Village Gillapukhuri Tea Estate in respect of L.A. Case No.1/2008/Pt.I. The challenge is also made to the acquisition proceedings initiated under the Land Acquisition Act, 1894 (here-inafter referred to as 'the L.A. Act, 1894'), after coming into force of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (here-in-after referred to as 'the LARR Act, 2013'), which had come into force w.e.f. 1/1/2014, on the ground that apart from not affording reasonable opportunity of hearing, same violates the provision of Sec. 24 of the LARR Act, 2013.

(3.) The case, in brief, is that the petitioner is a company incorporated under the Companies Act, 1956. It owns a Tea Estate and is situated over an area of land measuring more than 4380 Bighas at Tinsukia. The State Government decided to acquire a portion of the above Tea Estate land for the purpose of establishing a "Plastic Park" vide dt. 4/8/2008 and 28/1/2010 in exercise of power under Sec. 4 of the L.A. Act, 1894, for 1166 bighas, 1 katha, 14 lechas of the land of Gillapukhuri Tea Estate, owned by the petitioner. Accordingly, a proceeding being L.A. Case No.1/2008 was also initiated. Thereafter, vide dtd. 17/6/2009, a declaration under Sec. 6(1) of the L.A. Act, 1894 was published. In the same manner, the Government proposed to acquire petitioner's additional plot of land measuring 333 bighas, 3 kathas, 6 lechas in Village Gillapukhuri NLR Grant No.261 covered by Dag No.8 (part), 9 (Part), 10, 11, 14 (part) and 24 (part), Mouza - Rongagora in District Tinsukia, for the purpose of construction of "Plastic Park" and accordingly a proceeding being L.A. Case No.1/2008/Pt.-I was also initiated. In order to give effect to said proposal, a Notification dtd. 28/1/2010 was also issued under Sec. 4 of the L.A. Act, 1894.