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ARUN DEV CHOUDHURY
Adhigrahan Kariba Bichara Krishi Bhumir Usit Mulya Dabi Sangram Samiti – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
1. Heard Mr. B C Das, learned senior counsel for the petitioners. Also heard Mr. R Barpujari, learned standing counsel for the Revenue Department and Mr. RK Talukdar, learned standing counsel for the NHIDCL.
2. The petitioner No.1 herein is a forum formed by the persons residing in different villages, namely, Rajkhowapathar, Alubari No.2, Alubari No.3 and No.2 Bapapung Chipe, Namdang Panbari, Golai, Aagbandha Bongali Gaon, Ledo, Masegaon etc under the Margherita sub division in the Tinsukia district of Assam, whose lands are acquired under the Land Acquisition Act, 1894 (hereinafter referred to as Old Act) and accordingly land acquisition proceeding under acquisition in LA Case No.32/2009 in LA Case No.33/2009; LA Case No.35/2009; LA Case No.36/2009; LA Case No.37/2009 and LA Case No.44/2009 was initiated.
3. It is stated that the present writ petition is filed to safeguard and protect the interest of the said villagers collectively in getting fair compensation from the authorities for their respective plots of land under acquisition proceeding in connection with construction of National Highway 38 Bypass from Digboi. According to the petitioner, the members of the petition
Compensation for land acquisition must be determined under the New Act if awards are passed after its enactment, regardless of prior proceedings under the Old Act.
Compensation for land acquisition must be determined under the New Act if no valid award existed under the Old Act at the time of the New Act's enactment.
Subsequent purchasers of land can only claim compensation based on their vendors' titles and cannot challenge acquisition proceedings initiated under different statutes.
Section 24 of the Right to Compensation Act does not apply to acquisitions initiated under the West Bengal Requisition and Acquisition Act; subsequent purchasers can only claim compensation based on ....
Landowners whose land is acquired for public purposes are entitled to fair compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,....
Failure to pass an award within 12 months post-enactment of the new land acquisition legislation results in lapse of the acquisition proceedings initiated under the old legislation.
The acquisition process does not lapse under section 24(2) of the 2013 Act if compensation has been tendered to the landowners and possession of the land has been taken by the acquiring authority.
Land acquisition proceedings are invalid if statutory requirements are not met, particularly regarding notifications and timelines, as established by the Land Acquisition Act and the 2013 Act.
Once possession is taken and an award is passed, challenges to land acquisition proceedings are not maintainable, and remedies for compensation must be sought through reference proceedings.
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