Judgment · High Court

Heard Mr. P.K. Deka, learned counsel for the petitioners and Mr. G. Soren, learn ed Govt. Advocate, Assam, appearing on behalf of respondent Nos. 1, 2 and 3. Als o heard Dr. B. Ahmed, learned standing counsel, appearing on behalf of responden t No. 4. This petition is filed by the petitioners, 14 in number, seeking a direc tion from this court to initiate land acquisition proceedings of certain areas o f land belonging to the petitioners on the ground that the possession of the lan ds was already taken over by the Irrigation Department, Assam, in the year 2008, in connection with the construction of drainage, without any land acquisition p roceeding. Pursuant to the direction given by this court on 5.4.2010, Dr. B. Ahm ed, learned Standing Counsel for the Irrigation Department, Assam, has produced a communication dated 20.4.2010, issued by the Executive Engineer, Tongla Divisi on (Irrigation), Tongla, wherein the irrigation Department has stated that they have taken all the necessary steps for initiating land acquisition proceedings a nd proposal for land acquisition of Chewni FIS has already been submitted to the Deputy Commissioner, Udalguiri District, B.T.A.D., Assam, vide communication da ted 29.03.2010 and it is now for the Deputy Commissioner, Udalguir, who is also the collector for the area, to issue necessary notification under Lands Acquisit ion Act, 1894 for acquiring the land and payment of compensation thereto. Learned counsel for the petitioners submits that a direction may be give n to the respondent authority to issue appropriate notification under the Lands Acquisition Act, 1894 and complete the proceedings within a timeframe. In view of what has been submitted by the learned counsels appearing for the parties and also on consideration of the aforesaid communication dated 20.4 .2010, this petition is disposed of with a direction to the respondent No. 1 to issue notification under section 4 (1) of the Land Acquisition Act, 1894, on the basis of the proposal made by the respondent No. 5 and respondent No. 3 is furt her directed to complete the entire land acquisition proceedings within four mon ths from the date of receipt of a certified copy of this order. With the above observations and directions, this writ petition stands di sposed of. No order as to costs. Let a copy of the order dated 20.4.2010, produced by the learned standin g counsel, Irrigation Department shall remain as a part of record of the case. JUDGE Eam/