21 of 1960 was passed with the assent of the President.
It seems that the reference to the Ordinance was a mistake and the acquisition was made under Act No.
2 of 1955.
On April 26, 1956, the respondent was served with the numberice of the acquisition.
In the result, the appeal.
6 of 1955.
the State Government passed an order for the acquisition of the respondents lands under s. 3 of the Assam Acquisition of Land for Flood Control and Prevention of Erosion Act.
21 of 1960 are invalid.
Appeal from the judgment and order dated November 26, 1962 of the Assam High Court in Civil Rule No.
21 of 1960.
21 of 1960 to be invalid and directing the State Government to forbear from giving effect to the numberices issued thereunder.
In November 1960.
2 of 1955 was passed enabling the State Government to acquire lands for works or other development measures in companynection with flood companytrol or prevention of erosion.
On May 27, 1960.
The High Court allowed the petition and issued a writ of mandamus.directing the State Government number to give effect to the numberices issued under Act No.
6 of 1955 which was passed on April 11, 1955 with the assent of the President.
In April 1956, the State Government passed an order in writing acquiring the lands taken over in 1954 for the companystruction of the Pagdalia embankment under s. 3 of Ordinance No.
the Assam Acquisition of Land for Flood Control and Prevention of Erosion Validation Act, 1959 Assam Act No.
The Ordinance was replaced by the Assam Acquisition of Land for Flood Control and Prevention of Erosion Act, 1955 Assam Act No.
6 of 1955 and Act No.
21 of 1960.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
A draft numberification for the acquisition of the respondents lands under the Land Acquisition Act was sent by the Collector of Kamrup to the Assam Government for approval, but this proposal was eventually dropped.
The present appeal has been filed under a certificate granted by the High Court.
By an order dated September 10, 1959, the Deputy Commissioner, Kamrup acting on behalf of the State Government quashed the Order dated April 19, 1956 and directed that fresh acquisition proceedings under the Land Acquisition Act, 1894 should be started.
It was companymon case before the High Court that this acquisition was made under s. 3 of Act No.
R. L. Iyengar, for the respondent.
On September 30, 1961, the respondent filed a writ petition in the Assam High Court asking for an order declaring Act No.
On November 6, 1960, the Collector of Kamrup served a numberice upon the respondent informing him of the acquisition order and asking him to submit his claim for companypensation.
Pursuant to this order, some of the lands required for the Pagdalia embankment were acquired under the Land Acquisition Act on payment of full companypensation.
The Judgment of the Court was delivered by Bachawat, J. In 1954, the Assam Government took possession of the lands of the respondent and several other persons situated in the District of Kamrup for the companystruction of the Pagdalia embankment.
1100 of 1966.
489 of 1961.
V. Gupte, Solicitor General and Naunit Lal, for the appellants.
In 1.955, the Assam Acquisition of Land for Flood Control and Prevention of Erosion Ordinance.
1955 Assam Ordinance No.
