BHADARAM MIKIR, SON OF MANAI MIKIR Vs. STATE OF ASSAM, REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF REVENUE, DISPUR, GUWAHATI
LAWS(GAU)-2016-11-66
HIGH COURT OF GAUHATI
Decided on November 02,2016

Bhadaram Mikir, Son Of Manai Mikir Appellant
VERSUS
State Of Assam, Represented By The Principal Secretary To The Government Of Assam, Department Of Revenue, Dispur, Guwahati Respondents




JUDGEMENT

Arup Kumar Goswami, J. - (1.)Heard Mr. S. Kataki, learned counsel for the petitioners. Also heard Mr. Y. Doloi, learned Additional Advocate General, Assam, assisted by Mr. T.C. Chutia, learned State Counsel, appearing for the respondent Nos.1 to 3 and Mr. S.C. Keyal, learned Assistant Solicitor General of India and Mr. C.K.S. Barua, learned Central Government Counsel, appearing for the respondent Nos.4 and 5.
(2.)By filing this application under Article 226 of the Constitution of India, the petitioners pray for setting aside and quashing the land acquisition proceeding in L.A. Case No.22/2013 initiated under the Land Acquisition Act, 1894 (for short, 1894 Act ) and the award dated 26.03.2015, including the notices issued in connection with Boundary Case No. 60/2014-15, as being illegal, without jurisdiction, nullity and void ab initio and for a direction to the respondents to initiate land acquisition proceeding for the land involved in L.A. Case No.22/2013 under the Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 2013 Act ).
(3.)The case of the petitioners, inter alia, is that they are residents of Village- Korchia NC under Mouza Panbari in the District of Kamrup (M) and that the Deputy Secretary to the Government of Assam, Revenue and Disaster Management (L.R.) Department issued a Notification No. RLA.103/2003/3 dated 04.05.2013 under Section 4 of the 1894 Act in connection with land acquisition proceeding in L.A. Case No.22/2013 indicating that land mentioned and described in the said Notification is likely to be needed for a public purpose, namely, for setting up of Battalion Headquarter of Indo-Tibetan Border Police (ITBP) in Sonapur and that if any objection to the acquisition is filed under Section 5A of the 1894 Act by any person interested on or before 30(thirty) days before the Collector, Kamrup (M), the same will be considered.
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