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2007 Supreme(Gau) 788

RANJAN GOGOI
Lohitya Pal Das – Appellant
Versus
State of Assam & Ors. – Respondent


Advocates Appeared:
Advocates appeared for the Petitioner:Mr.N.J.Dutta, Mr.N.Baruah & Ms.K.Thakuria, Advocates appeared for the Respondents: Mr.B.J.Ghosh & Mr.S.Saikia

Ranjan Gogoi, J.;-

Heard Mr. N. J. Dutta, learned counsel for the petitioner, Mr. B. J. Ghosh, learned Government Advocate, Assam and Ms. R. Deka, learned Standing Counsel, PWD.

2. Having regard to the subject matter involved, final orders are being passed at the motion stage.

3. This writ petition has been filed seeking compensation for use of land belonging to the petitioner by the Public Works Department of the State for widening of the Ganeshguri-Kahilipara Road. According to the petitioner, in the course of the execution of the said work, land belonging to him measuring 8' x 223' situated at Jatia Village under Beltola Mouza, covered by Patta No. 29 (Old), 677 (New) of Dag No. 351 (Old), 1140 (New) was utilized by the Public Works Department without any formal acquisition under the law and payment of compensation to the petitioner. Accordingly, compensation for the land so utilized by the Public Works Department for widening of the road has been prayed for.

4. To resolve the issue immediately the Chief Engineer, PWD (Roads), Government of Assam was required to attend the Court in person. The Chief Engineer on 28.9.2007 had stated before the Court that no patta land of the petition




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