ANUPAM CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS case depicts a pathetic situation of a citizen, suffering at the hands of the respondent who has taken possession of his landed property without any formal acquisition order under the provisions of Land Acquisition Act, and not provided any compensation till date.

(2.) HEARD Mr. U. Bhuyan, learned counsel for the petitioner and Mr. S. Saikia, learned standing counsel appearing for the public Works Department.

(3.) THE pleaded case of the petitioner, in this writ petition, inter alia is that, he is the absolute owner of an area of land measuring 2 Katha, 7 lechas, situated in the village ramcha Hill under Dag No. 1 of Patta No. F. S. Grant 1 Ulubari Mouza, Guwahati (Sadar)Circle in the revenue district of Kamrup (Assam ). The name of the petitioner has been entered in the revenue records of right as pattadar. The Public Works Department of the State of Assam (respondent, authorities)proposed to construct a road through the aforesaid land of the petitioner. In the process the respondent authorities themselves took possession of 1 katha, 3 lessas of the land out of total area of 2 kathas, 7 lessas belonging to the petitioner. The remaining 1 katha, 4 lechas, is lying on other side of the road. Due to construction of the said road, the remaining area is also got divided into two parts, one part being 1 katha and the other part being 4 lessas, on both sides of the road. Although the aforesaid land was taken possession by the respondent authorities way back in the year, 1994, neither compensation for the same has been paid to him nor the said land was acquired by following the relevant provisions of the Land Acquisition Act. The petitioner did not get any scope to raise objection under the said Act at any point of time as no public notice was issued. Since the land has been utilised for public purpose, the petitioner as a good citizen did not object the same, but he has seriously objected the manner and method by which the same has been taken possession by the authority, without following the provisions of the land Acquisition Act, thereby not paying /depositing necessary compensation before taking possession of the land. Repeated request and demand, ultimately followed by a lawyers notice, having resulted no positive response from the respondents, the petitioner ultimately approached this court by filing this writ petition.