THE JOREHAUT TEA CO. LTD. Vs. THE LAND ACQUISITION OFFICER AND OTHERS

JUDGEMENT

(1.) THIS Rule was obtained on 22 -3 -68 for quashing the order of the State Government dated 9th December, 1967, made under Section 6(1) of the Assam Land (Requisition and Acquisition) Act, 1964 (Assam Act XV of 1964), hereinafter referred to as 'the Act', whereby an area of 5 Bighas of land belonging to the petitioner company was acquired following an earlier requisition of the same by an order under Section 3(1) of the Act made on 5th November, 1966.

(2.) THE reason for requisition of the land followed by its acquisition is "for the purpose of construction of departmental office buildings etc., of the Public Health Engineer Department at Jorhat", which is admittedly a Government Department. The purpose is clearly a public purpose and Mr. Bhattacharjee, the learned Counsel for the petitioner, does not choose to say to the contrary. The learned Counsel, however, submits that Section 3(1) of the Act provides only for requisition for purposes, amongst others, 'for accommodation.' He, submits that there is nothing to indicate that accommodation for public purpose is intended under this section. We may read Section 3(1):

(3.) IN the result, the application fails and is accordingly dismissed. We will, however, make no order as to costs.