Requisition must be temporary; indefinite requisition for over 25 years violates property rights and is a misuse of power, necessitating prompt acquisition actions.

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 remaining land which was left was 10 Bighas 1 Kathas 10 Lechas in Dag No. 146 covered by N.K. Patta No. 14 under Mouza Jalukbari. Late Priyanath Sarma had 5 (five) sons namely Late Muktinath Sarma, Late Debendra Nath Sarma, Late Pitambar Sarma, Late Joynath Sarma and Late Gopinath Sarma. Late Gopinath Sarma expired unmarried. Upon the death of the legal heirs of Late Priyanath Sarma, their legal heirs succeeded to the land measuring 10 Bighas 1 Kathas 10 Lechas by way of inheritance and claimed to be in possession of the same by paying the land revenue. The above details are mentioned herein on the basis of the statements made in WP (C) No. 5689/2007 and the same shall not be construed as findings of facts by this Court.

3. Be that as it may, prior to the death of the legal heirs of Late Priyanath Sarma, the Collector of Kamrup District (as it then was) vide a Memo No. LA.3/86 dated 22.10.1986 requisitioned 59 Bighas 0 Kathas 10 Lechas of land for the purpose of construction of the Public Bus Terminus at Gorpandu (Adabari) on the basis of the proposal of the Guwahati Municipal Corporation. In that process, 9 Bighas 3 Kathas 0 Lechas of land covered by Dag No. 146 of N.K. Patta No. 14 was requisitioned. The Guwahati Municipal Corporation thereupon constructed the bus terminus way back in the year 1988 and it was mentioned in the aforementioned Memo dated 25.10.1986 that the land was handed over to the Respondent No. 4 i.e. the Commissioner, Guwahati Municipal Corporation for carrying out the construction of the bus terminus.

4. On 29.03.2004, a purported letter was written by the Commissioner, Guwahati Municipal Corporation to the Deputy Commissioner, (Metro), Guwahati on the basis of an application being filed by one Smti Charu Devi, wife of Late Pitambar Sarma stating inter alia that the said application was duly reviewed. It was informed to the Deputy Commissioner (Metro), Guwahati vide the said communication that the land measuring 9 Bighas 3 Kathas 0 Lechas in Dag No. 146 of N.K. Patta No. 14 can be freed from requisition from the end of the Deputy Commissioner, (Metro), Guwahati.

5. The record further reveals that on the basis of the said communication purportedly issued by the Commissioner, Guwahati Municipal Corporation, an application was filed by the Petitioner Nos. 1 to 5 in WP (C) No. 5689/2007 along with Smti Charu Devi for release of a plot of land measuring 7 Bighas 0 Katha 14 Lechas covered by Dag No. 146 of N.K. Patta No. 14 from requisition in connection with L.A. Case No. 3/86. Pursuant thereto, the Additional Deputy Commissioner, Kamrup (Metro) Guwahati issued an order dated 30.11.2005 thereby de-requisitioning the land measuring 7 Bighas 0 Kathas 14 Lechas under Dag No. 146 of N.K. Patta No. 14 of village Gorpandu, Kumarpara under Ja