PRASANTA KUMAR DEKA
Aar Pee Industries Pvt Ltd – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. D Baruah, learned counsel for the petitioners. Also heard Mr. D Mazumdar, the learned Additional Advocate General, Assam for respondent No. 5 and Mr. N Deka, learned counsel for the respondent No. 6.
2. The present writ petition is filed challenging the entire land acquisition proceedings in respect of LA case 20/2013 initiated under the provisions of Land Acquisition Act, 1894 (for short, Act of 1894). The petitioners challenged the entire land acquisition proceedings on the ground that the same having not been initiated under the Act, 1894 the respondent authority could not have passed the award and acquired the land by invoking Section 24 (1)(a) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short Act of 2013). The specific case of the petitioners is that till the coming into effect of the Act, 2013 from 01.01.2014, no steps for initiation of acquisition proceedings under the Act, 1894 were taken and as such the respondent authority in order to acquire the land of the petitioner ought to have initiated the proceedings under the Act, 2013 and passed the award. Further, the instant acquisitio
Anil Kumar Gupta Vs. State of Bihar and ors reported in (2012)12 SCC 443
Aflatoon and Ors Vs. Lt. Governor of Delhi & Ors reported in (1975) 4 SCC 285
Babu Barkya Thakur Vs State of Bombay reported in AIR 1960 SC 1203
Hindustan Petroleum Corporation Limited Vs. Darius Shapur Chenai & Ors reported in (2005) 7 SCC 627
Indore Development Authority Vs. Manoharalal and Ors. reported in (2020) 8 SCC 129
Kamal Trading Private Limited Vs. State of West Bengal and Ors reported in (2012) 2 SCC 25
M.C. Mehta Vs. Union of India and Others reported in (1999) 6 SCC 237
Mutha Associates and Others –Vs State of Maharashtra & Others reported in (2013) 14 SCC 304
Narindrajit Singh and Ranjit Singh and Ors. vs The State of UP and Ors. reported in (1973) 1 SCC 157
Surinder Singh Brar and Ors. Vs. Union of India and Ors reported in (2013) 1 SCC 403
State of Mysore Vs Abdul Razak Sahib reported in (1973) 3 SCC 196
S. L. Kapoor Vs. Jagohan and Others reported in (1980) 4 SCC 379
The State of MP and Ors Vs Vishnu Prasad Sharma and Ors reported in AIR 1966 SC 1593
V.K. M. Kattha Industries Private Limited Vs. State of Haryana and Ors reported in (2013) 9 SCC 338
Women Education Trust and Anr Vs. State of Haryana and ors reported in (2013) 8 SCC 99
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