BENOY MAZUMDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY this application under Article 226 of the Constitution of India the petitioner has prayed for a writ of mandamus or a writ of like nature directing the Respondent No. 2, Collector of Cachar, Silchar, to pass an award in L. A. Case No. 1/67-68 and to pay adequate compensation to the petitioner for acquiring petitioner's land mentioned in the petition.

(2.) BY Notification No. R.L. A 467/69/2 dated 7-2-1970, issued under the provisions of Section 4 of the Land Acquisition Act, 1894 (Act I of 1894) (hereinafter referred to as 'the Act') and published in the Assam Gazette dated 18-2-1970, the Government of Assam in the Revenue Department acquired an area of 17 Bighas 18 Kathas 15 Chattaks of land belonging to the petitioner and situated in village Bhorakhai Grant (2nd sheet), Mouza or Pargana Chatla Haor, Sub-division Silchar in the district of Cachar, for the purpose of expansion of Live Stock Farm at Ghoongoor, Cachar. A copy of the notification is at Annexure-1 to the petition. By the same notification objection under Section 5-A of the Act was also called for to be filed on or before 11-3-1970 or within 30 days from the date of publication of the notification in the Gazette whichever is later.

(3.) IT is stated in the petition that possession of the acquired land had already been taken by the Deputy Director, Department of Animal Husbandry and Veterinary, Silchar, that is to say, 11 Bighas and odd in February, 1965 and 5 Bighas and odd in 1967. The petitioner submitted his claim for compensation and he claimed compensation at the rate of Rs. 13,000/- per bigha. It is stated by the petitioner that sale deeds of neighbouring land pertaining to the period from 1968 to 1970 were filed by the petitioner and the Collector after perusal of the sale deeds and other relevant records by his order dated 21-10-1971 passed in L. A. Case No. 1/67-68 determined the value of the aforesaid land at the rate of Rs. 6878/- per bigha, but up till now no formal award has been passed by the Collector nor any compensation has been paid to the petitioner for the acquisition of his valuable property. A copy of the order dated 21-10-1971 is annexed to the petition as Annexure-4 to the petition, which reads as follows:-