PUSHPA DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ appeal by the writ petitioner in Civil Rule No. 3049/91 has been filed against the judgment of the learned Single Judge dated 21.12.93 by which the writ petition was dismissed. Writ petitioner approached the Apex Court against the judgment of the learned Single Judge and the appeal has been remanded to this Court for disposal by a Division Bench of this Court.

(2.) The Govt. of Assam issued notification Annexure-14 dated 13.3.91 u/s 4 of the Land Acquisition Act (for short 'the Act') intending that an area of land measuring more or less 1622 Bighas were required for public purpose for construction of Indian Institute of Technology (IIT). These lands were situated in Mouza Shilashindurighopa, Guwahati Sub Division, in the district of Kamrup comprising different block of area, namely, 219B 4K 1L in village Tiligaon, 1042B 1k 6 L in village Silagram town and 3S9B 4K 4L in village Silagrant gaon. By the said notification the Govt. of Assam invited objection from interested persons u/s 5A of the Act. Subsequently by notification Annexure-19 declaration was issued u/s 6 of the Act, declaring that the land mentioned therein was required to be taken by the Govt. at the public expenses for public purpose, namely, for construction of Indian Institute of Technology at North Guwahati, in the district of Kamrup.

(3.) The appellant/writ petitioner on behalf of 346 families filed the writ petition being Civil Rule No. 3049/91 praying for quashing the land Acquisition Case No. 14/91 and also the notifications issued under Section 4 (Annexure-14) and u/s 6 )Annexure-19) of the Act.