SARITA SONI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. SK Kejriwal and Ms. S Kejriwal, learned counsel for the petitioners and Mr. PS Deka, learned Standing Counsel, Revenue Department, Government of Assam. Also heard Ms. D Das Barman, learned Government Advocate, Assam.

(2.) Having regard to the nature of grievance expressed by the petitioners and the order that is proposed to be passed, Court is of the view that issuance of formal notice is not required as the case can be disposed of at the motion stage itself. Infact, when the writ petition was moved on 18.03.2019, such a view was taken and accordingly case is listed today.

(3.) Five petitioners have joined together and have instituted the present common proceeding under Article 226 of the Constitution of India seeking quashing of notice dated 31.05.2018 passed by the Collector, Kamrup in exercise of the powers conferred by Section 3(1) of the Assam Land (Requisition and Acquisition) Act, 1964 and all consequential orders passed thereafter in respect of land and industrial building of the petitioners measuring 1 bigha 1 katha 10 lechas covered by Dag No.184 of KP Patta No.268 situated at village- Abhaypur under Sila Sinduri Ghopa Mouza (North Guwahati Revenue Circle) in the district of Kamrup, and further seeks a direction to the respondents to take resort to the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.