DHIREN CHANDRA SARMAH Vs. HOJAI MUNICIPAL BOARD AND ORS.

JUDGEMENT

(1.) Heard Mr. C. Baruah, learned counsel for the appellant.

(2.) From the facts as emerge from the pleadings it is evident that on 2.6.1994 the Director, Municipal Administration, Assam, Guwahati addressed a communication to the Commissioner & Secretary to the Govt. of Assam, Municipal Administration Department, Dispur, Guwahati for granting approval for acquisition of a plot of land by Hojai Municipal Board for construction of a bus terminus at Hojai. In this communication it is mentioned that the Municipal Board had adopted a resolution in its meeting held on 24.5.1994 to acquire the plot of land measuring 6B, 1 Katha under Periodic Patta No. 7, Deg No. 13 at Hojai town for construction of a bus terminus by the Board and all the expenses for the acquisition of the land were to be borne by the Board. It is further mentioned that the matter has been discussed with the Circle Officer Hojai Revenue Circle, who has informed that necessary steps have already been initiated by the Revenue authority for the purpose of acquisition of the land as per the request of Hojai Municipal Board, but further approval is required for further processing the matter. It was under these circumstances that in the aforesaid communication Governments approval was asked for acquisition of the plot of land at the cost of Hojai Municipal Board under the provisions of Sec. 63(1) of the Assam Municipal Act, 1956 (for short, the Act). There was some further correspondence between the Municipal Board and the State Government and on 17.7.1995 the Under Secretary to the Govt. of Assam, Municipal Administration Department, Dispur wrote a letter to the Chairman, Hojai Municipal Board, in which it is stated as under : -

(3.) It seems, no further action was taken by the State Government and the Hojai Municipal Board filed a writ petition, i.e., WP(C) No. 5563/1999, in this court for directing the State Government to take necessary steps for acquiring the land in view of the aforesaid communication dated 17.7.1995. The said writ petition was disposed of on 12.11.1999 in the following terms : -