Thereafter by order dated August 4, 1949 the Collector requisitioned the land in exercise of the power companyferred by s. 3 of the Assam Act 1948, and ordered that the requisition do take effect from February 7, 1949.
The State of Assam has filed this appeal with certificate granted by the High Court.
Appeals from the judgment dated February 10, 1958 of the Assam High Court in Appeals from Original Decrees Nos.
The respondents in this appeal are owners of a plot of land at Bharalumukh, Gauhati, on which stands a residential building In exercise of the powers companyferred by rule 75 A of the Defence of India Rules, 1939, the Government of India in 1943, requisitioned the land and the building for the use of the defence forces.
412 of 1962.
10 to 21 of 1953.
The respondents applied for a reference to the Civil Court under s. 8 of the Act and simultaneously challenged the authority of the Collector to acquire the land in the manner he had done.
412 414 of 1962.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
The Collector of Kamrup passed an order on February 9, 1949 for acquisition of the land and building purporting to exercise powers under s. 4 of the Assam Requisition and Acquisition Act, 1948.
At this time the requisition order made by the Government of India was subsisting.
Naunit Lal, for appellants Nos.
Since the date of the requisition the land and the building companytinued in possession of the Government of India.
Beharul Islam and R. Gopalakrishnan, for the respondents in all the appeals .
1 and 2 in all the appeals .
3 in all the appeals .
Sen and B.R.G.K. Achar, for appellant No.
The Judgment of the Court was delivered by Shah J. These three appeals raise a companymon question as to the validity of certain acquisition proceedings companymenced by the Collector of Kamrup, State of Assam, under s. 4 of the Assam Land Requisition and Acquisition Act, 1948.
We may in dealing with these appeals set out the facts which give rise to appeal No.
