STATE OF ASSAM Vs. BISHESWAR CHATTAPADHYA

JUDGEMENT

(1.) This appeal by the State of Assam is directed against a common judgment and order dated 20.6.1995 passed by the learned Single Judge in Civil Rule No. 973 of 1987 and Civil Rule No. 124 of 1989.

(2.) The facts in brief are that Shri Bisheswar Chattapadhya, a Charitable and Religious Trust, herein-after referred as the writ petitioner was the owner of a plot of land measuring 2 Bighas 13 Kathas 5 chattaks along with the building and structures standing thereon. On 23.2.1966 the said land (including 5 Chataks) was requisitioned under the Defence of India Rules. Thereafter on 30.3.1966 the land was released but it was again requisitioned by another order under Section 3(1) of the Assam Land Requisition and Acquisition Act, 1964. The writ petitioner preferred an appeal against the said order of requisition before the State Government, but the said appeal was rejected. The writ petitioner thereafter filed the Civil Rule No. 25 of 1967 but the said Civil Rule was also dismissed. Thereafter, a Notification under Section 4(1) of the Land Acquisition Act, 1964 for short 'the Act' was published in the Assam Gazette on 10.1.1979 for acquisition of the entire land stated above. Declaration under Section 6( 1) was published on 3.10.1979. Claims were invited as required under Section 9. The writ petitioner submitted his claim demanding compensation Rs. 14,75,767.50. No award was passed by the District Collector and in the meantime the Land Acquisition Act was amended. In view of the amended provisions of Section 11-A the writ petitioner demanded back the possession of the land, but the prayer was rejected and the writ petitioner was asked to collect 50% of the awarded sum. The petitioner thereafter instituted Civil Revision No. 973 of 1987.

(3.) The Land Acquisition Collector, Cachar was also of the view that in view of the amended provision of sub-section 11-A, the earlier proceeding in L.A. 2 of 1977-78 and the Notification under Section 4( 1) & 6( 1) has lapsed, as disclosed from the order dated 31.1.87. Thereafter, a fresh notification under Section 4(1) of the Act dated 29.3.1988 was published in the Assam Gazette dated April 28,1988. Further, dispensing with the enquiry under Section 5-A of the Act read with Section 17(4) of the Act, a declaration under Section 6(i) off the Act was published on the same day for acquisition of the land. The writ petitioner challenged the above notification in Civil Rule No. 124 of 1989.