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 Lessas [02K-08L] in total under Dag no. 221 & Patta no. 42. As per Khiraj Miyadi Jamabandi of Revenue Village – Uppor Borbhogia [Annexure-B], an area of land measuring 3 Lessas [03L] out of the afore-stated 2 Kathas 8 Lessas [02K-08L] of land, under Dag no. 221 & Patta no. 42, were acquired for Kaliabhomora Road pursuant to a letter no. N.R.Q. 4/80/88 dated 30.06.1982 of the Acquisition Officer, Nagaon and as per order dated 02.07.1982 of the Sub-Deputy Collector [SDC], Nagaon. The said portion of 3 Lessas [03L] after acquisition, was converted to Government land in the revenue records. As a result, after acquisition of 3 Lessas [03L] of land, the area of land left to Dhaneswari Chetrini under Dag no. 221 & Patta no. 42, became 2 Kathas 5 Lessas [02K-05L], which is the subject-plot, referred herein. After the demise of Late Dhaneswari Chetrini, the subject–plot was inherited by the legal heirs of Late Dhaneswari Chetrini viz. [i] Shyam Bahadur Kaki, and [ii] Man Bahadur Kaki. After the demise of Late Man Bahadur Kaki, the names of his two legal heirs -[i] Tanka Bahadur Kaki, and [ii] Chatra Bahadur -were mutated against the name of Late Man Bahadur Kaki in respect of the subject-plot.

2.2. As mentioned above, Mahendra Borah purchased the subject-plot from the aforementioned three persons pursuant to permission accorded by the Sub-Divisional Officer, Kaliabor vide Memo no. KRX 1/97/25 dated 24.10.1997 and vide a registered Sale Deed dated 27.10.1997. Subsequent to the purchase of the subject-plot by Mahendra Borah, he got his name mutated in respect of the subject-plot vide a Mutation Order dated 08.05.1998 passed by the Circle Officer, Kaliabor Revenue Circle.

3. The petitioner no. 1 was the wife of Late Mahendra Borah and the petitioner no. 2, the petitioner no. 3 and the petitioner no. 4 were the sons of Late Mahendra Borah.

4. According to the petitioners, they were/are in continuous possession of a parcel of land measuring 2 Kathas 5 Lessas [02K-05L]. It is the further claim of the petitioners that the said parcel of land measuring of which 2 Kathas 5 Lessas [02K-05L] of which they are in possession, is the subject-plot itself, which was purchased by their husband/father in the year 1997. After the demise of Mahendra Borah, the petitioners got their names mutated in respect of the subject-plot vide a Mutation Order dated 17.03.2010 passed by the Circle Officer, Kaliabor Revenue Circle.

4.1. According to the petitioners, the cause of action for instituting the instant writ petition arose in the year 2016 when on 12.07.2016, some persons claiming themselves to be the employees of the National Highways & Infrastructure Development Corporation Limited [NHIDCL] started taking measurements in and around the subject-plot as well as the plots of land near