JUDGMENT :

1. Heard Mr. G.N. Sahewalla, learned senior counsel assisted by Mr. A. Chetia, learned counsel for the petitioner. Also heard Mr. P.S. Deka, learned standing counsel for respondent No. 1, Revenue and Disaster Management Department and Ms. M. Bhattacharjee, learned Additional Senior Government advocate for the respondent Nos. 2 and 3.

WP(C) No. 1743/2017

2. The respondent No. 1 for the purpose of construction of National Highway 37 by-pass at village Chandmari, Nepaligaon in the district of Tinsukia initiated the process of acquisition of land under LA Case No. 15/2008-09. Accordingly notification under section 4 for the Land Acquisition Act, 1894 (‘L.A. Act, 1894) was published on 26.2.2009 and subsequent thereto declaration under section 6 of L.A. Act, 1894 was published on 16.7.2009. Under the said notification about 48 bighas, 4 kathas, 12 lechas of land was acquired covered by various dags and patta numbers of village Chandmari, Nepaligaon under Rangagora Mauza in the district of Tinsukia and the land was handed over to the requiring department on 20.3.2010 after taking possession by the authorities. Later on, the aforesaid notification dated 26.2.2009 and the declarati