CHANDRA KANTA SHARMAH Vs. THE DEPUTY COMMISSIONER AND COLLECTOR

JUDGEMENT

(1.) IN this Civil Rule, the notification dated 15th January, 1965, issued by the Deputy Secretary to the Government of Assam, Revenue Department, under Section 6 of the Land Acquisition Act, 1894, hereinafter called the Act, acquiring one bigha two kathas and two lessees of land of the Petitioner for the purpose of the Bebejia Girls' M. E. School, Tokolai -Bebejia, is questioned.

(2.) THE case of the Petitioner is that the land in question was the family cremation ground in use by the Petitioner's, family, that adequate -notice and opportunity to be heard was not given to the Petitioner and the other heirs of the pattadar of the land, that the acquisition was not for a public purpose, that the expenditure for acquisition of the land or part of it was not incurred from public revenues, and that, therefore, the acquisition is bad, and accordingly prayed that an appropriate writ be issued to quash the said notification.

(3.) ANNEXURE 'B' is an order of the Deputy Commissioner and the Collector of Nowgong, giving time till 1 -5 -1965 for the Petitioner to obtain a stay order from the Government. The Government having refused to interfere, possession of the land was made over to the parties, on whose behalf it has been acquired (Vide Annexure "C').