LALREMPUIA S/O LALHRIATA Vs. DISTRICT COLLECTOR CUM DEPUTY COMMISSIONER
LAWS(GAU)-2018-2-10
HIGH COURT OF GAUHATI
Decided on February 06,2018

Lalrempuia S/O Lalhriata Appellant
VERSUS
District Collector Cum Deputy Commissioner Respondents

JUDGEMENT

Manash Ranjan Pathak, J. - (1.) Heard Mr. A.R Malhotra, learned counsel appearing for the petitioners and Ms. Linda L. Fambawl, learned Government Advocate appearing for the State respondent Nos. 1 & 2.
(2.) By this writ petition, the petitioners have challenged the order under Memo No. WP (C) 100/2017-DC(K)/11 dated 27.10.2017, passed by the District Collector-cum-Deputy Commissioner, Kolasib, by which the application of the petitioners under Section 28A of the Land Acquisition Act, 1894, as amended was rejected on the ground that the petitioner possessed the land involved in the case pertaining to the Award No. 1/2012 (Part-C-Hortoki) dated 13.09.2012 that was acquired for the purpose of construction of Railway Line from Bairabi to Sairang by NF Railway considering the fact that the petitioners were allegedly occupying the said land on the basis of Garden Passes issued by the Village Council, since this Court have held that 'issuance of Garden Pass by the Village Council does not give any right to such pass holders to claim any form of compensation as they are not owners of the land' .
(3.) It is seen from the annexures appended to their writ petition that earlier the petitioners had approached this Court in WP (C) No. 100/2017 against the Order dated 10.04.2017 (Annexure-5 to the Writ Petition) passed by the District Collector, Kolasib rejecting their application under Section 28A of the L.A Act holding that application submitted by the petitioner on 27.03.2017 (Annexure-4 to the Writ Petition) for re-determination of the said Award and payment of compensation is lapsed by time. The petitioners stated that earlier they application under Section 28A of the LA Act before the said District Collector- cum-Deputy Commissioner, Kolasib on 20.03.2015 (Annexure-3 to the Writ Petition) and that the concerned Collector did not consider their said application under Section 28A of the LA Act while rejecting their such claim by said Order dated 10.04.2017 stating that their said application 27.03.2017 is only a reminder to their earlier application dated 20.03.2015. After hearing the parties, the Court vide Order dated 01.08.2017 passed in WP (C) No. 100/2017 set aside the said Order dated 10.04.2017 of the District Collector, Kolasib and remanded back the matter to the said District Collector-cum-Deputy Commissioner, Kolasib for consideration of the application of the petitioners made on 20.03.2015 under Section 28A of the LA Act, 1894, in accordance with law (Annexure-6 to the Writ Petition).;


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