WARREN INDUSTRIAL LIMITED & ANOTHER Vs. STATE OF ASSAM & OTHERS

JUDGEMENT

(1.) By letter dated 2.1.87 the Managing Director of Assam Industrial Development Corporation Ltd. requested the learned Collector. Dibrugarh to acquire a plot of land measuring 4 bigha 1 katlia 71/2 lechas covered by Dag No.173 Ka, 173 Kha and 173 Ga of Rehabari Ward, Dibrugarh town belonging to writ petitioner for the purpose of setting up an Industrial Estate. The said letter is available at Annexure 1 to the affidavit-in-opposition. Thereafter, a notification was issued under section 4 of the Land Acquisition Act, 1894 on 2.3.1987 and it was duly published in the Gazette. In the said notification, the public purpose was indicated, namely, setting up of Industrial Estate by Assam Industrial Development Corporation Limited. Subsequently, a corrigendum was issued on 6.4.87 substituting the expression 'Industrial 'Estate' by the words 'Industrial Estate/Commercial Estate'. Admittedly, this corrigendum was not published in the Gazette. Being aggrieved, the present; petition has been filed. It may be stated that when the notification dated 2.3.87 was issued, the writ petitioner approached this Court by filing the present petition. During the pendency of this petition, the above corrigendum was issued and accordingly the writ petition was amended.

(2.) Heard Mr. N.M. Lahiri, learned counsel for the petitioner and Mr. A.C. Buragohain, learned Govt. Advocate assisted by Mrs. M. Pathak, learned counsel for the respondents.

(3.) Mr. Lahiri has submitted that public purposes, namely Industrial Estate and Commercial Estate are quite different and as such the impugned notification and the corrigendum are bad in law for non-application of mind. That apart, according to learned counsel if the State Government wanted to change the public purpose for which the land was sought to be acquired, a fresh notification ought to have been issued. Further according to learned counsel, the corrigendum cannot amend the notification as it was not published in the Gazette.