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MANISH CHOUDHURY
Golapi Borah, W/o. Lt. Mahendra Borah and Ors. – Appellant
Versus
Union Of India, Rep. by the Secretary To The Govt. India – Respondent
JUDGMENT :
1. The petitioners, 4 [four] in nos., have instituted the instant writ petition under Article 226 of the Constitution of India with the grievance that the respondent authorities had acquired a part of a parcel of land, owned by them, and have not paid any compensation for the same.
2. Before any dilation as regards the claim of the petitioners quathe part of the parcel of land in respect of which the compensation for acquisition, according to the petitioners, have not been paid to them, a brief account of the parcel of land in question appears necessary.
2.1. One Mahenda Borah during his lifetime, had purchased a plot of land measuring 2 Kathas 5 Lessas [02K-05L], covered by Dag no. 221 & Patta no. 42, located at Revenue Village – Uppor Borbhogia, Mouza – Borbhogia, Kaliabor Revenue Circle, District – Nagaon [‘the subject-plot’, for short] from its erstwhile owners [i] Shyam Bahadur Kaki, [ii] Tanka Bahadur Kaki, and [iii] Chatra Bahadur Kaki by a registered Sale Deed dated 27.10.1997 after getting the requisite sale permissions from the competent authorities. The subject-plot originally belonged to one Dhaneswari Chetrini who owned an area of land measuring 2 Kathas 8 L
The court emphasized the necessity for factual determination before issuing a writ of mandamus for demarcation or measurement, and declined to interfere in the absence of such determination.
A landowner whose land is acquired by the government for public purpose is entitled to compensation.
Disclosure of all material facts when approaching the court, and the authority's obligation to carry out demarcation proceedings and take possession of excess land acquired under the National Highway....
Trial court erroneously determined it had no jurisdiction; jurisdiction persists for claims regarding trespass on land not acquired.
The jurisdiction under Article 226 of the Constitution is not meant for adjudicating disputed questions of title, and a regular suit is the proper remedy for settlement of disputes relating to proper....
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