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.

Table of Content
1. proper process followed for land acquisition (Para 2 , 3 , 4)
2. claims for compensation and procedural issues (Para 5 , 6 , 7)
3. court's analysis on entitlement to compensation (Para 8 , 9 , 10)
4. order for compensation payment to petitioner (Para 11)

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 me

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