Kamala Phukan vs State of Assam - 2023 Supreme(Gau) 1539

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Gau) 1539

SUMAN SHYAM
Kamala Phukan – Appellant
Versus
State of Assam – Respondent

Advocates Appeared:
For the Petitioner: S Ali.
For the Respondent: GA, Assam.

JUDGMENT :

(Suman Shyam, J.)

Heard Mr. S. Ali, learned counsel assisted by Mr. R. Baruah, learned counsel appearing for the writ petitioner. Also heard Ms. G. Hazarika, learned Standing Counsel, Revenue and Disaster Management Department, Assam appearing for the respondent No.1, Mr. H. Sarma, learned Additional Senior Government Advocate, Assam appearing for the respondent Nos.2 and 3 and Mr. C. K. S. Baruah, learned Central Government Counsel appearing for the respondent Nos.4 and 5.

2. This writ petition has been filed seeking a writ of mandamus directing the respondents to disburse the amount of compensation payable to the writ petitioner for acquiring her land measuring 21 bighas 15 lechas. The facts of the case, in a nutshell, are that the respondent Nos.4 and 5 were in requirement of land in the Kamrup (Metro) District for setting up Indo Tibetan Border Police (ITBP) Battalion Headquarters. Accordingly, land measuring approximately 184 bighas was identified at Sonapur area under Panbari Mouza in the District of Kamrup. Notification under section 4 of the LAND ACQUISITION ACT , 1894 was issued on 04.05.2013 and on 18.04.2014, notices under section 5A of the LAND ACQUISITION

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