PABITRA DEKA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S. Deka, the learned Counsel appearing for the petitioners. Also heard Mr. B.J. Ghosh, the learned Government Advocate representing the respondent Nos. 2, 3 & 4. The Union of India is represented by Mr. S.C. Keyal the learned Asstt. Solicitor General of India. However no one is appearing on behalf of the substituted legal heirs of the contesting party Achyut Ch. Saikia who was arrayed as the fifth respondent in the case.

(2.) The dispute pertains to the entitlement to compensation for the lands acquired under the National Highways Act, 1956 (hereinafter referred to as "the Highway Act"). The concerned land measures 3 Kathas 8 Lechas and is comprised within Dag No.551, K.P. Patta No.106 of Village Niz Madartola (now Baihata), Mouza-Madartola of the Kamalpur Revenue Circle in the Kamrup District. In the Khiraj Patta No.106 (Annexure-1), the owner of the land is shown to be Maniram Mali and the writ petitioners claim their right of inheritance over the said land through Dharanidhar Mali (Son of the Pattadar Maniram Mali). It may be noted that first petitioner Smti. Pabitra Deka is the wife of Dharanidhar Mali but recently she died during the pendency of the case. However her two sons Sudam Deka and Samin Deka are appearing as the petitioner No.3 & 4 respectively. The legal heirs of first son Kushal Ch. Deka (originally the 2nd petitioner) were substituted through the order dated 5.10.2012 in the Misc. Case No.2831/2012. Thus all the legal heirs of the original Pattadar are represented and they are the writ petitioners in the present proceeding.

(3.) A portion of the Patta land, (2 Kathas 13 Lechas) were acquired in the year 2005-2006 under the Highways Act and as the recorded Pattadars, the petitioners put forward a claim for acquisition compensation. However even before the money could be disbursed to the claimants, the 2nd acquisition notification was issued under Section 3A of the Highways Act on 1.1.2009 (Annexure-6), whereby, another 15 Lechas of land were proposed to be acquired. Although objection from interested persons were invited by the Acquiring Authority, none had objected to the acquisition proposed through the Notification dated 1.1.2009.