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DEVASHIS BARUAH
Indu Devi – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. background of ownership and requisition. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. disputed ownership claims among petitioners. (Para 8 , 9 , 10 , 11 , 12) |
| 3. principle that requisition should be temporary. (Para 14 , 15 , 24 , 25 , 26 , 27) |
| 4. arguments regarding legality of requisition. (Para 16 , 17 , 30) |
| 5. court's order and conclusions on compensation. (Para 28 , 29 , 32 , 33) |
| 6. final judgment addressing the legality of requisition and compensation. (Para 31) |
JUDGMENT :
DEVASHIS BARUAH, J.
1. All the 5 (five) writ petitions are taken up together for disposal vide this common judgment and order taking into account the similarity of the facts involved and the dispute being commonly placed.
2. One Priyanath Sarma (since deceased) had purchased a plot of land measuring 32 Bighas 4 Kathas 14 Lechas covered by Dag Nos. 273, 304, 305, 306, 594, 779 and 780 of N.K. Patta No. 9 of Village Gorpandu, Kumarpara under Mouza Ramcharani vide a registered Deed of Sale bearing Deed No. 813/39 dated 21.04.1939. Pursuant to the settlement operations being carried out, the said land fell into N.K. Patta No. 14. During the lifetime of Late Priyanath Sarma, he sold land to various persons and the
Requisition must be temporary; indefinite requisition for over 25 years violates property rights and is a misuse of power, necessitating prompt acquisition actions.
Requisition of land cannot exceed statutory limits and must be quashed if continued illegally; acquisition must follow due process.
Requisition proceedings under 1948 Act lapsed without proper compensation; State must initiate acquisition under 2013 Act.
Delay is fatal in questioning land acquisition proceedings, and courts cannot invalidate acquisition which stood concluded due to delay and laches.
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