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the aforesaid notification dated 26.2.2009 and the declaration under section 6 of the Land Acquisition Act, 1894 were withdrawn vide notification dated 19.2.2011. Thereafter a fresh notification under section 4 of the L.A. Act, 1894 was published on 29.8.2011 and the declaration under section 6 was issued on 16.9.2011 which was published in the Assam Gazette on 27.9.2011. Under the said notification under section 4 of the L.A. Act, 1894 substantial portion of land belonging to the petitioner-company was acquired by the respondent-authorities. The respondent No. 2 forwarded the land acquisition estimate amounting Rs. 77,65,730 to the respondent No. 1 and vide letter No. RLA 317/2008/602, dated 15.11.2013 approved the award amounting Rs. 70,41,891 only in respect of L.A. Case No. 15/2008-09 for the said project of construction of N.H. 37, Tinsukia by-pass at village Chandmari, Nepaligaon in Tinsukia District. Vide said letter dated 15.11.2013, the earlier letter Nos. RLA No 317/2008/373 dated 27.12.2011 and RLA 317/2008/583, dated 3.10.2013 communicated to the respondent No. 2 were treated to be cancelled.

3. The petitioner pleading that as per Section 11A of the L.A. Act, 1894 the respondent No. 2, Collector is supposed to notify the award within a period of two years from the date of declaration and as there was failure to notify the award within the stipulated period of two years, under Section 11A of L.A. Act, 1894, the proceeding of land acquisition lapsed and sought for a direction in the nature of mandamus to the respondents for initiating fresh proceedings under the provision of Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2013 (‘the Act, 2013’) and determine the compensation payable in terms of the said Act, 2013.

WP(C) No. 245/2017

4. The respondent-authorities initiated the process of acquisition of land in the year 2008-09 being L.A. Case No. 12/2008-09 and the respondent No. 1 vide memo No. RLA 314/2008/21, dated 19.1.2009 directed the respondent No. 2, the Deputy Commissioner, Tinsukia for publication of the notification under section 4 of the L.A. Act, 1894 for acquisition of land for construction of National Highway 37 by-pass of village Gelapukhuri Part II under Mouza Rongagora in the district of Tinsukia. In terms of the said direction declaration under section 6 of the L.A. Act, 1894 was published in the newspapers on 22.9.2009. The respondent No. 1 vide letter No. RLA 314/2008/127, dated 31.8.2016 approved the revised land, acquisition estimate and award in respect of L.A. Case No. 12/2008-09 amounting Rs. 1,15,26,155. Vide the said letter dated 31.8.2016 the land acquisition estimate and award issued vide letter No. RLA 314/2008/83, dated 27.12.2011 was treated as cancelled. It is pleaded that after the award was notified by the revis