LAMBOKLANG MYLLIEMNGAP Vs. DEPUTY COMMISSIONER COLLECTOR RI-BHOI DISTRICT

JUDGEMENT

(1.) The petitioner has approached this Court by way of present writ petition filed under Article 226 of the Constitution of India with the plea that a two-storied building was existing on the land which was sought to be acquired by respondent no.3 vide Notification No. RDA.21/2007/45, dated 21.03.2011 issued under Section 4 of the Land Acquisition Act, 1894.

(2.) It has been claimed that though the petitioner received payment notice vide Memo No. DCRB(LA) 3/95/P-t/19 dated 11.06.2014 informing him that in pursuance to the acquisition of the land, the competent authority after complying with the statutory formalities had assessed the compensation but no assessment was made for the alleged two-storied building.

(3.) Upon notice having been issued affidavit-in-opposition on behalf of respondent no.1 has been filed. At Page 4 Paras 7 and 9 of the said affidavit, the plea of the petitioner regarding two-storied building has been categorically denied stating that no such building was existing on the date of issuance of notification under Section 4 of the Land Acquisition Act, 1894. Paras 7 and 9 where this averment has been specifically made, are in the following terms: -