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2021 Supreme(Gau) 510

PRASANTA KUMAR DEKA
Aar Pee Industries Pvt Ltd – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. B DAS
For the Respondent: MR.M GOGOI, Adv.

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

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