SRI RANGNATH KAKOTI, S/O. LATE NIGNA RAM KAKOTI, VILLAGE Vs. THE UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI

JUDGEMENT

(1.) Heard Mr. Sheeladitya, the learned counsel appearing for the affected land owners. Also heard Mr. SC Keyal, the learned Asstt. Solicitor General of India representing the defence authorities.

(2.) The 16 petitioners are the residents of Dighalipar, Tamulpur, Charangbari and Boragaon Villages in the Tamulpur Revenue Circle of Baska District and they seek recovery of arrear rent for their land occupied by the Army since 1962/1963. Further direction is also sought for acquisition of the long possessed land so that the affected land owners can receive due compensation or alternately the land should be returned.

(3.) The occupied area measures 38.608 acres (approximately 106 Bighas) but only nominal rent @ Rs. 403.00 per Bigha per annum was paid to the affected land owners since 1963. The respondents intermittently tendered the rent until 2007 but the demand made by the petitioners for enhancement of rent was never considered. Therefore the land owners requested the defence authorities to formally acquire the land or release the same, for productive use by the villagers.