DURGANATH SARMA Vs. DEPUTY COMMISSION AND/OR COLLECTOR AND ORS.

JUDGEMENT

(1.) THIS petition raises the question of the constitutionality of the Assam Acquisition of land for Flood Control and Prevention of Erosion Act, 1955 (Assam Act VI of 1955). and the Assam Acquisition of Land for Flood Control and revention of Erosion (Validation) Act, 1959 (Assam Act XXI of 1960), For brevity's sake the first Act will be called hereinafter 'Act VI of 1955, and the latter Act 'Act XXI of I960.' The Petitioner further prays that the notice issued under the two Acts bS declared to be null and void and mandamus be issued directing the Respondents to forbear from giving effect to the provisions of the said Acts.

(2.) THE facts are that the Petitioner Durganatn Sarma is a resident of village Kamarkuchi of Mouza Upar Barbhog in the District of Kamrup owning 10 bigrias 1 katha and 5 lechas of land under different Pattas in different villages. For the construction of embankment on the river Pagladia Puthimari and Barlia the lands of the Petitioner and several other persons of the neighbouring, villages were taken over by the State Government sometime in the year 1954. Ordinance No. 11 of 1955 was passed making provision for the acquisition of land for the construction of, the embankment and the Deputy Commissioner, Kamrup passed an order for the acquisition of the Petitioner's land and the land belonging to other co -villagers under Section 3 of the aforesaid ordinance. Later, as it transpired that the ordinance will not apply to the lands which have already been taken possession of in the year 1954, the acquisition proceedings under the ordinance were quashed and a direction was issued to acquire the lands under the provisions of the Land Acquisition Act. It should be pointed out that Act VI of 1955 replaces the ordinance. In some cases proceedings were initiated under the Land Acquisition Act 1894.

(3.) REFERENCE may be made to the provisions of the relevant Acts. Act VI of 1955 replaced an earlier ordinance and the provisions being similar it is not necessary to refer to the provisions of the ordinance, although action was taken against the Petitioner under the ordinance. Section 3 of Act VI of 1955 gives power to the State Government to acquire any land by order in writing stating the area and boundaries of the land, if in its opinion it is necessary or expedient to acquire speedily any land for works or other development measures in connection with flood control or prevention of erosion. After the service of the notice the property will vest in the State Government free from an encumbrances and the Collector is therefore, empowered to take possession over the land. Section 6 provides for compensation and is as follows: