DEVASHIS BARUAH
Bhabendra Das @ Tapan Kr. Das S/O- Late Gunaram Das – Appellant
Versus
State Of Assam Rep. By The Commissioner And Secretary To The Govt Of Assam, Land And Revenue Deptt. – Respondent
JUDGMENT :
Devashis Baruah, J.
Heard Mr. M. Bhagabati, the learned counsel appearing on behalf of the petitioners. Mr. H. Sarma, the learned Additional Senior Government Advocate appears on behalf of the District Administration, Ms. N. Bordoloi, the learned Standing Counsel appears on behalf of the Revenue Department and Mr. M. Mahanta appears on behalf of the private respondents.
2. The issue involved in the instant writ petition is relating to apportionment of the compensation pertaining to a plot of land admeasuring 4 Bighas 1 Katha 7 Lechas covered by Dag No. 21 of Patta No. 97 of village Lachitpur, Amingaon within the Mouza Silasindurighupa in the district of Kamrup (R), Assam.
3. From the materials on record, it transpires that in connection with L.A. Case No. 5/2011, a plot of land admeasuring 77 Bighas 2 Kathas 5 Lechas were acquired. In the said plot of land some lands pertaining to Dag No. 21 of Patta No. 97 were also acquired. The petitioners herein claim that they are entitled to compensation in respect of 4 Bighas 1 Katha 7 Lechas covered by Dag No. 21 of KP Patta No 97. However, the petitioners have only been paid compensations in respect to 1 Bigha 4 Kathas 1.5 Lechas. I
The Collector is statutorily obligated to refer disputes regarding compensation apportionment to the Court, and failure to do so renders any decision made without jurisdiction.
The Deputy Collector lacked jurisdiction to amend a finalized award under the Land Acquisition Act; disputes on compensation apportionment must be determined by a Civil Court based on the parties' ri....
(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 Collector's order under Section 28-A of the Land Acquisition Act is not appealable to the High Court under Section 54 as the Collector is not defined as a 'Court'.
The main legal point established in the judgment is that the authority's power to review orders and its jurisdiction under the relevant sections of the act were central to the court's decision.
Disputes regarding compensation apportionment under the MIDC Act must be referred to a judicial authority, not decided by administrative officers, ensuring proper legal process is followed.
The main legal point established in the judgment is that when complicated questions arise as regards entitlement and apportionment of compensation, the Collector should make a reference to the Court ....
The competent authority under the National Highways Act lacks jurisdiction to apportion compensation and must refer such disputes to the Principal Civil Court.
The competent authority under the National Highways Act lacks jurisdiction to decide apportionment disputes, which must be referred to the Principal Civil Court.
The main legal point established in the judgment is that the reference under section 30 of the Land Acquisition Act, 1894, must pertain to the apportionment of compensation settled under section 11 o....
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