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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL
KARDAK ETE
On The Death Of Jogesh Chandra Paul His Legal Heir Mrs. Sabita Paul – Appellant
Versus
The State Of Assam, Rep. By Secretary And Commissioner Department Of Revenue, Govt. Of Assam – Respondent
Judgment :
(KARDAK ETE, J.)
Heard Mr. A.K. Das, learned counsel for the petitioner. Also heard Mr. S.Dutta, learned standing counsel, Revenue Department, for respondent No. 1, Mr. B.J. Talukdar, learned Additional Senior Government Advocate for the respondents No. 2, 3, 4 and 5 and Ms. A. Gayan, learned CGC for the respondents No. 6 and 7.
2. This writ petition is filed by the petitioner (now deceased) namely, Jogesh Chandra Paul and on his death represented by his legal heir Mrs. Sabita Paul. The petitioner has prayed for a direction to the respondent authorities to pay compensation with solatium at the present market value of the land measuring 13 bighas 3 kathas and 16 lechas covered by K.P. Patta No.243 Dag No.1921 and 203 of village Maidam Gaon, Mouza-Beltola, District-Kamrup (M), Guwahati in LA Case No.9/68-69 belongs to the petitioner, acquired by the respondents for construction and setting up River Research Centre (now the Office of Brahmaputra Board).
3. The case, in brief, is that the petitioner is the recorded pattadar of land measuring 13 bighas, 3 kathas and 16 lechas of K.P. Patta No.243 of Dag No.1921 and 203 of Village- Maidam Gaon, Mouza- Beltola, District-Kamrup(M),
Failure to follow proper procedures for land acquisition and non-payment of compensation violates principles of natural justice, justifying court intervention despite delays.
The central legal point established in the judgment is that the right to compensation for expropriation of property is guaranteed under Article 300A of the Constitution of India, and delay in seeking....
Subsequent purchasers of land can only claim compensation based on their vendors' titles and cannot challenge acquisition proceedings initiated under different statutes.
Compulsory acquisition of land – If any individual is to be divested or deprived of said right by State, it ought not be done without giving compensation in accordance with law for land so acquired f....
The judgment emphasizes that lapsing provision under Section 11A does not apply to acquisitions made by Nagpur Improvement Trust under NIT Act, while also highlighting entitlement to compensation for....
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 ....
The main legal point established in the judgment is that under Section 24(2) of the Fair Compensation Act, the acquisition proceedings would lapse if the possession of the land was not taken and comp....
A legal heir is entitled to claimed compensation based on promises made by land acquisition authorities, regardless of significant delay, emphasizing principles of equity and promissory estoppel.
It is well-settled that under Article 226, power of High Court to issue an appropriate writ is discretionary.
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