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DEVASHIS BARUAH
JAYANTA LAKRA S/O LATE SAMMUEL LAKRA – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. L.R. Mazumder, the learned counsel appearing on behalf of the Petitioner and Ms. K. Phukan, the learned Standing counsel appearing on behalf of the Respondent No. 1. I have also heard Ms. R. Bora, the learned Standing counsel appearing on behalf of the Respondent No. 2 and Mr. J. Chutia, the learned Standing counsel appearing on behalf of the Respondent Nos. 3 and 4.
2. The Petitioner herein has approached this Court seeking a direction upon the Respondents to cause an enquiry and to include his land in the list of affected people and also to pay compensation as per law.
3. It is seen from a perusal of the writ petition that the petitioner claims that he is the owner of a plot of land bearing Dag No. 554/748 included in Patta No. 243 of village Dekachang under Mouza Duar Dikharu within Revenue Circle Phuloni in the District of Karbi Anglong Assam.
4. The assertion made by the Petitioner about the ownership over the said plot of land is merely on the basis of a kacha patta and there is no other document showing the Petitioner’s right over the said plot of land. The Respondent Authorities for the purpose of widening/improvement of four land with
Valid ownership documentation is essential for claims in land acquisition proceedings under the National Highways Act.
The Court affirmed that land acquisition under the National Highways Act, 1956 must follow due process, and compensation is mandated for acquired land.
The acquisition of land without including it in the notification under Section 3A of the National Highway Act, 1956, is illegal, and the affected landowner is entitled to compensation.
The deliberate failure to claim compensation for the land, despite being aware of the ownership and the opportunity to object to the acquisition, led to the dismissal of the Writ Petition.
Compliance with publication and hearing requirements of the National Highways Act is essential, but non-inclusion of landowner names in notifications does not invalidate the process.
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