Nuney Tayang Vs. Kodelum Tayang & Ors
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Head Note
The Land Acquisition Act, 1894 - Section 11
Section 11A - Assam Forest Regulation, 1891 - Section 5, 11, 17 - Land Acquisition - Apportionment of Compensation - No proceedings under the Act, 1894 had been initiated - Compensation amount deposited by the Army for the land acquired is defrayed to the rightful claimants, they are to be necessarily identified - Court not inclined to favour initiation of a process under the 1894 Act at this distant point of time - Process remitted to the learned District Judge to proceed with the same from the stage of the notice/order dated 10.12.2023 issued by the Deputy Commissioner - To undertake this exercise, the learned District Judge would act as a Reference Court as under the 1894 Act and invoke the powers necessary to effectively and correctly ascertain the owners/persons interested the rightful claimants of compensation and apportion the same as per their entitlements in law.
Topic(s)-Land Acquisition - Apportionment of Compensation - Remand back