MESSRS. TINSUKIA DEVELOPMENT CORPORATION LTD. Vs. STATE OF ASSAM AND ANR.

JUDGEMENT

(1.) THE petitioner M/s Tinsukia Development Co -operation Limited represented by Sri D D Lohia one of the Directors of the company, possesses 16 bighas 3 kathas and 7 lechas of land in dag No. 2208 of patta No. 114 of Tinsukia Town. By Notification dated 22nd July 1959 published in the Assam stated that this land along with some other land was likely to be needed for public purpose, namely for the construction of a food -grains godown. This notification was issued under Sec. 4 of the Land Acquisitions Act - - - - - Act 1 of 1894 (hereinafter called 'the Act') The Notification further specified that objection may be filed under Sec. 5 -A of the Act by any person interested within the meaning of the Act on or before the 31st august 1959 before the Collector of Lakhimpur. The petitioner filed an objection under Sec. 5 -A of the Act before the Collector to the effect that there was no necessity for acquiring this particular land for the purpose indicated in the notification

(2.) THE validity of the notifications issued under sections 4 and 6 of the Act has been challenged by the petitioner on various grounds. Dr. Medhi has canvassed the following points before us :

(3.) THE declaration has not been issued in the name of the Governor, nor has it been shown that it has been authenticated by an officer who has been empowered under the rules of business under Article 166 of the Constitution to do so. In this connection it was also urged that the State Government has failed to establish that the Government at all applied its mind to the question of the existence of a public purpose or the necessity of acquisition for such a purpose in the present case. It has not been shown by the opposite parties that at any stage the Governor or the Minister concerned applied his mind to the existence of a public purpose.