RANJIT KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. A. Gayan, learned counsel for the petitioner. Also heard Mr. S.P. Choudhury, learned state counsel for the respondents.

(2.) In the year 1991, the Govt. of Assam had acquired 0B-2K-4L of the petitioner covered by Dag No.370 of FS Grant No.1 of village Silagrant Town under Mouza Shilasendurighopa in the district of Kamrup. The said land was acquired pursuant to L.A. Case No.14/1991 for the purpose of establishing the Indian Institute of Technology. The land of the petitioner was acquired and taken over along with the zirat comprising of dwelling houses, standing trees etc. existed thereon on the date of acquisition.

(3.) It is the stated by both the parties that although the land of the petitioner was earlier acquired pursuant to LA Case No.14/1991, but subsequently, the land of the petitioner was returned back and the petitioner is presently in possession of his own land. In the process of acquiring and thereafter de-acquiring, the petitioner had lost the dwelling hoses, standing trees etc., which existed on the land at the time, when the land was acquired. Consequently, it is the case of the petitioner that although the petitioner is not entitled to the value of the land, but the petitioner at the same time is entitled to receive the zirat amount of the dwelling houses, tress etc., that were standing thereto at the time of acquisition.