LOHITYA PAL DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. N. J. Dutta, learned counsel for the petitioner, Mr. B. J. Ghosh, learned Government Advocate, Assam and Ms. R. Deka, learned Standing Counsel, PWD.

(2.) HAVING regard to the subject matter involved, final orders are being passed at the motion stage.

(3.) THE Deputy Commissioner (Metro), Kamrup, Guwahati has filed an affidavit dated 23.11.2007 stating that pursuant to the aforesaid order of the Court dated 28.09.2007 survey and spot verification was carried out by the Sub Divisional Officer, Sadar, who was assisted by two Assistant Settlement Officers of the Settlement Office and 3 (three) Land Record Staff of the said office. In the said survey and verification, though the petitioner was present, no official from the Public Works Department was available. THE Deputy Commissioner, in the affidavit filed, has further stated that after necessary survey and verification and scrutiny of the land records, it was found that while constructing/repairing the PWD Roads/Drains near the patta land of the petitioner covered by Dag No. 351 (Old), 1140 (New), K.P. Patta No. 29 (Old), 677 (New) land measuring 224' in length and 6.5' in width (roughly 10 Lechas) was utilized by the Public Works Department. THE Deputy Commissioner has further stated that at the request of the Respondent No. 5, the Chief Engineer, PWD (Roads) a second verification was carried out on 13.10.2007 in which the earlier finding was reaffirmed.