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VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
State of Assam – Appellant
Versus
Dipendraadhikari S/o Late Upendraadhikari – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
1. Heard Mr. Rajib Borpujari, learned counsel, appearing on behalf of the appellant. Also heard Mr. R.P. Kakoti, learned senior counsel, assisted by Mr. J. Islam, learned counsel, appearing on behalf of respondents No. 1 to 7.
2. The respondents No. 1 to 7, herein, had instituted WP (C) 3131/2016, before the writ Court, inter alia, praying for adequate compensation in respect of the plot of land of their predecessor-in-interest Late Saroj Kumari Choudhury, acquired for the purpose of building the Raj Bhawan at Kharghuli, Guwahati, in the year 1975. The said writ petition was given a final consideration by the learned Single Judge, and the same was disposed of vide order, dated 11.07.2018, with the following directions:
The court ruled that new evidence discovered post-judgment does not justify a review unless it was part of the original record.
A landowner whose land is acquired by the government for public purpose is entitled to compensation.
The court emphasized that documentary evidence is crucial in establishing title in land acquisition disputes and upheld the principle that compensation is due only to the rightful title holder.
The principle of 'feeding the grant by estoppel' ensures that the transferee retains rights in land even if initial claims are disputed, affirming established ownership rights based on historical tra....
Acquisition notices under Section 4(1A) of Act 2 of 1948 lapsed if compensation for land was not paid within three years from the date of publication of the notice; affected persons entitled to compe....
The court clarified the limited scope of review and the need for parties to approach the court with 'clean hands' and emphasized the finality of judgments to maintain judicial justice.
The main legal point established in the judgment is that the State Authorities are not obligated to provide ingress and egress over acquired land, and that in cases where a petitioner knowingly inves....
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