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THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH, KOHIMA BENCH
DEVASHIS BARUAH
Neikozo Nusoh And Ors Son Of Shri. Repfulonusoh – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. context of land acquisition and parties' conflicting positions. (Para 1 , 2 , 3 , 4 , 5) |
| 2. applicability of state-specific acquisition laws over arbitrary possession. (Para 6 , 7 , 8 , 9) |
| 3. statutory requirements for vesting land and determining compensation. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 4. necessity to determine compensation under the 2013 act standards. (Para 16 , 17 , 18 , 19 , 20 , 21) |
| 5. mandatory judicial directions for lawful acquisition and compensation. (Para 22 , 23) |
JUDGMENT AND ORDER :
DEVASHIS BARUAH, J.
Heard Mr. I. Imchen, the learned counsel appearing on behalf of the petitioners in the present batch of writ petitions. Mr. Sentiyanger, the learned counsel appears on behalf of the Union of India as well as NHIDCL and Mr. Imti Imsong, the learned Additional Advocate General of Nagaland appears on behalf of the State respondents.
2. The petitioners in the present batch of writ petitions belong to various villages whose lands are situated on either side of the Pfutsero to Phek Road. The grievance of the petitioners herein is that their lands have been taken away by the Respondent Authorities for widening of the Pfutsero to Phek Road without the author
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