Disposed

Bana Singha and Anr. v. the State of Assam and 3 Ors.

Gauhati HC2 Sept 2019WP(C)/559/2019

Case brief

AI extract

What is this about?

In a writ petition regarding grievances over land acquisition compensation, the Gauhati High Court disposed of the matter by granting two weeks to file an application for reference to the District Judge under Section 18 of the Land Acquisition Act, 1894.

What did the court decide?

Petitioners granted two weeks to file application for reference of dispute to the District Judge under Section 18 of the Land Acquisition Act, 1894.

Bana Singha and Anr. Vs the State of Assam and 3 Ors. — Land Acquisition | Gauhati HC (2019)

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Page No.# 1/3

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GAHC010012912019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C) 559/2019

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1:BANA SINGHA AND ANR.

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S/O- LT PARTHA SINGH, R/O- VILL- BAHADURPUR, P.O. GOSSAIGAON, PIN788030, P.S. UDARBOND, CACHAR APPOINTED POWER OF ATTORNEY BY THE CONCERNED LAND OWNERS

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2: BABACHAND SINGHA S/O- LT BABADHAN SINGHA R/O- GOSSAIPUR PT-III (MOINARBOND) P.O. GOSSAIGAON PIN- 788030 P.S. UDARBOND DIST- CACHAR APPOINTED 2ND ATTORNEY OF THE CONCERNED LAND OWNER

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VERSUS

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1:THE STATE OF ASSAM AND 3 ORS.

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TO BE REP. BY COMM. AND SECY., REVENUE DEPTT., DISPUR- GHY-6

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2:THE DY. COMMISSIONER CUM COLLECTOR CACHAR

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SILCHAR- PIN NO. 788001

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3:THE SETTLEMENT OFFICER CACHAR SILCHAR- PIN NO. 788001

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4:THE ASSTT. SETTLEMENT OFFICER CACHAR SILCHAR PIN- 78800

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Page No.# 2/3

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Advocate for the Petitioner : MR. M H RAJBARBHUIYAN

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 02-09-2019

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Heard Mr. M.H. Rajbarbhuyan, learned counsel for the petitioners.

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Dissatisfied with the amount of compensation determined by the Collector for acquisition of their patta lands in connection with L.A. Case No. 24/2010-11, the petitioners have approached this Court, inter alia, contending that the respondent No. 2 has neither considered their prayer for enhancement of compensation nor has he made any reference to the court of learned District Judge, Cachar at Silchar as per requirement of the Land Acquisition Act, 1894.

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Mrs. D.D. Barman, learned Govt. Advocate submits that she is yet to receive instruction in the matter.

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Considering the nature of grievance expressed in the writ petition, I am of the opinion that instead of keeping this matter pending before this Court, the proper course of action would be to direct the respondent No. 2 to examine the grievance of the petitioners and take appropriate action in the matter, as may be permissible under the law.

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As such, with the consent of the learned counsel for both the parties, I dispose of this writ petition by granting 02 weeks time to the petitioners to file fresh application,

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Page No.# 3/3

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along with a certified copy of this order, before the respondent No. 2 seeking reference of the dispute to the court of learned District Judge, Cachar at Silchar under Section 18 of the Land Acquisition Act, 1894.

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If such an application is filed within 02 weeks, the same may be examined by the respondent No. 2 and appropriate action, as may be permissible under the law, be taken in the matter within a period of 04 weeks thereafter.

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Writ petition stands disposed of.

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JUDGE GS

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Comparing Assistant

Bana Singha and Anr. v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Bana Singha and Anr. v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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