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DEVASHIS BARUAH
Ananta Roy – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Heard Mr. SK Talukdar, the learned counsel appearing on behalf of the petitioners. Also heard Mr. BJ Talukdar, the learned Government Advocate appearing on behalf of the District Administration, as well as the competent authority. Ms. G Hazarika the learned counsel appears on behalf of the respondent No.1, Mrs. R Borah, the learned counsel appears on behalf of the NHIDCL in WP(C)No.4266/2024 & WP(C)No.4296/2024 and Mr. D Gogoi, the learned counsel appears on behalf of the NHIDCL in WP(C)No.201/2024 & WP(C)No.203/2024 respectively.
2. All the four writ petitions are taken up for disposal, taking into account that WP(C)No.201/2024 and WP(C)No.203/2024 have come up for admission before this Court and the pleadings are duly complete and WP(C)No.4266/2024 and WP(C)No.4296/2024, though, have come up before this Court for the first time, but being intrinsically connected with the subject matter of WP(C)No.201/2024 and WP(C)No.203/2024 and any order passed in WP(C)No.201/2024 and WP(C)No.203/2024 would effect the outcome of the WP(C)No.4266/2024 and WP(C)No.4296/2024.
3. The petitioners in both WP(C)No.201/2024 and WP(C)No.203/2024 had applied for reclassification of the land in te
Statutory authorities must exercise their powers independently, without external influence, and adhere to the law when making decisions regarding land reclassification and compensation.
The Court established that reclassification of agricultural land requires strict adherence to statutory procedures, and failure to comply negates claims for compensation based on different land class....
The scope of judicial review in acquisition matters is very limited and the courts can nullify the acquisition of land and in rarest of rare case, the particular project, if it is found to be ex-faci....
The court ruled that claims of discrimination in land acquisition compensation must be supported by substantial evidence, and that statutory remedies must be exhausted before seeking judicial relief.
The main legal point established is that objections challenging an award under the National Highways Act, 1956 are maintainable under Section 34 of the Arbitration and Conciliation Act, 1996, and inc....
(1) Acquisition of land – If any dispute arises as to apportionment of amount or any part thereof or to any person to whom same or any part thereof is payable, then, competent authority shall refer d....
The District Collector exceeded jurisdiction by directing redetermination of compensation under the National Highways Act, as awards were already made prior to the 2013 Act's applicability.
Exemption under Section 96 of the RFCTLARR Act applies to compensation received for land acquired under the National Highways Act, 1956, establishing equitable treatment under tax laws.
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