PARESH CHANDRA CHATTERJEE Vs. THE STATE OF ASSAM THROUGH THE SECRETARY TO THE GO

JUDGEMENT

(1.) The writ petitioner herein impugns the order dated 29.11.66 passed by the Deputy Commissioner, Cachar in Requisition Case No. R.C. 7/L of 1966-67 and the appellate order dated 22.11.67 passed by the Deputy Secretary to the Government of Assam, Revenue Department.

(2.) An area of land measuring more or less 59 Bighas covered by Periodic Patta No. 69/127 of village Arunaband Grant, Pargana Udharband, District-Cachar, was requisitioned by the impugned order in Requisition Case No. R.C. 7/L of 1966-67 dated 29.11.66 under section 3(1) of the Assam Land (Requisition and Acquisition) Act 1964 (Act XV of 1964), hereinafter referred to as 'the Act', passed by the Deputy Commissioner, Cachar. The petitioner's appeal against the said order was rejected by the State Government by order dated 22.11.67. Hence this petition.

(3.) Mr. P. Choudhury, the learned counsel for the petitioner submits that the requisition of land for construction of Block Head Quarters and Anchalik Panchayat Office, not being public purpose as defined under the Act, the respondents acted without jurisdiction in requisitioning the land under Sec. 3 thereof for such purpose. Mr. P. Prasad, the learned Government Advocate controverts submitting that requisition of land for accommodation of Block Head Quarters and Anchalik Panchayat Office is for a public purpose. The only question to be determined, therefore, is whether requisition of land under sub-section (1) of Sec. 3 of the Act for construction of Block Head Quarters and Anchalik Panchayat Office can be said to be for a public purpose. Subsection (1) of Sec. 3 of the Act reads: