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2022 Supreme(Gau) 559

R. M. CHHAYA, SOUMITRA SAIKIA
Shamim Ahmed, Daughter of Late Sofiuddin Ahmed – Appellant
Versus
State of Assam, represented by the Commissioner & Secretary – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. M.U. Mondal, Advocate.
For the Respondent: Mr. R. Borpujari, Ms. M. Bhattacharjee, adv

JUDGMENT :

R.M. Chhaya, J.

Being aggrieved and dissatisfied with the judgment & order dated 25.02.2022 passed by the learned Single Judge in WP(C) No.418/2017, the original petitioner/writ appellant has filed this appeal.

2. The following facts can be culled out from the record of this appeal. The grandfather of the petitioner, namely, Late Nazar Uddin, was the original owner of a plot of land measuring 2 Bighas 1 Katha 8 Lechas situated at Village Thakuranbari, Mankachar Revenue Circle, District South Salmara Mankachar. The said land was agricultural land and was on periodic lease issued in the name of the grandfather of the present appellant. As can be seen from the record, the land in question along with other lands were sought to be acquired for the public purpose of establishment of Regulated Market at Mankachar under Notification dated 03.08.2001 issued under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as the “1894 Act” for the sake of brevity). The said case was numbered as Land Acquisition Case No.07/1995-1996. Record shows that total area of 5 Bighas 2 Kathas 5 Lechas were acquired for the said public purpose, which included the land belonging to

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