SALIK UDDIN AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Dhar, learned counsel for the appellants. Also heard Mr. T.C. Chutia, learned Additional Senior Govt. Advocate for the respondent.

(2.) The appellants had preferred WP(C) 952018 assailing amongst others the notice dated 08.12.2017 by which the four writ petitioners were required to come forward for receiving the compensation amount of Rs. 1,36,702.00 for the acquisition of their land in connection with the expansion of the Patharkandi by-pass in the National Highway No.44. Earlier a notice was issued in Land Acquisition Case No.102012-13 vide Memo No.RLA 20620135 for acquisition of more or less 31 bighas 8 kathas 10 chattaks of land for construction of the by-pass.

(3.) The writ petitioners made a claim that their lands are also included in the said area of 31 bighas 8 kathas and 10 chattaks, which are sought to be acquired for the purpose of construction of the national highway by-pass. The writ petitioners raised a claim that although their land came within 31 bighas 8 kathas 10 chattaks, but after the initial notice under Section 4 of the Land Acquisition Act, 1894 ( in short Act of 1894) was issued in the year 2013, the authorities had not taken any further action in the matter. Accordingly, it is the claim of the writ petitioners that the acquisition process had lapsed. According to them in the event, the acquisition process had lapsed, the land can only be taken away by initiating a fresh process under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013 ( in short Act of 2013) and not under the Act of 1894.