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SANJAY KUMAR MEDHI
Mohammad Ali, S/o. Lt. Kuddush Ali – Appellant
Versus
State Of Assam, Rep. By The Secy. To The Govt. Of Assam, Land And Revenue Deptt. – Respondent
JUDGMENT :
Heard Shri M Hoque, learned counsel for the petitioners. Also heard Shri D Nath, learned Senior Government Advocate, Assam for the respondent nos. 1, 2, 3 and 4. Shir C Baruah, learned Standing Counsel, NHAI is present for the respondent no.5 which was subsequently impleaded vide an order dated 27.04.2015.
2. The petitioners, who are twenty one in numbers, have raised a claim for compensation pertaining to acquisition of land for construction of the National Highway No. 31 in the district of Barpeta.
3. It is the case of the petitioners that the acquisition proceeding was initiated vide a Gazette Notification dated 16.02.2010 and in the said acquisition proceeding pertaining to a stretch of land from Km. 982.00 to 1041.00 (Nalbari-Bijni Section) in the district of Barpeta, the lands of the petitioners were also mentioned. However, in spite of that the compensation has not been paid.
4. Shri Hoque, learned counsel for the petitioners has submitted that though initially, the lands of the petitioners were not directly involved with the acquisition proceeding, subsequently, there was a need for which their lands were also affected. The learned counsel has referred to a docum
Unexplained delay in claiming compensation for land acquisition extinguishes rights; claimants must establish ownership and acquisition through evidence.
The judgment emphasizes the importance of establishing evidence and timely raising compensation claims in land acquisition cases, highlighting the requirement for departmental records and notificatio....
Compensation for land acquisition must be equitably distributed among all co-owners, and mistaken payments can be reclaimed by the authority.
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