BIJANBEHARI BHATTACHARJEE Vs. COLLECTOR HAILAKANDI

JUDGEMENT

(1.) These appeals arise out of the judgment and award dated 4.7.94 passed by the learned District Judge, Hailakandi in Misc. (LA) Case No. 2/93 and Misc. (LA) Case No. 3/93 disposing of applications under Section 18 of the Land Acquisition Act, 1994 (as amended) (hereinafter referred to as "the Act") filed by the appellant and the proforma- respondent. As the appeals involve common questions of law and facts, these were heard analogously and we propose to dispose of the same by this common judgment.

(2.) We have heard Mr N.M. Lahiri, learned senior advocate assisted by Mr S.C. Kayal for the appellant and Mr B. Choudhury learned additional senior Govt. advocate, Assam for the respondent.

(3.) Shorn of details, the relevant facts are, that an area of 5 Bighas 0 Kathas 0 Chattak of land covered by Dag No. 627 of 2nd R.S. Patta No.298 and that of Dag No. 589, 590 of 2nd R.S. PattaNo. 145 situated at Mouza Hailakandi Town, District Hailakandi was notified to be required for the construction of Automatic Telephone Exchange at Hailakandi Town. The related acquisition proceeding was registered as L.A. Case No. 2/87. The First Appeal No. 95/94 arises out of the judgment and award passed by the reference Court in connection with the same. The appellant and the proforma respondent are the owners of 4B, 12K, 11 Ch. 6 Gondas. According to the appellant and the proforma respondent there was a house and many fruits bearing timber trees on the land as described in Schedule 1 and 2 of the reference application. The notification under Section 4(1) of the Act was dated 21.10.89 and was published in the issue dated 29.11.89 of the Assam Gazette. The Collector awarded compensation for the land at the rate of Rs.2 (two) lakhs. Compensation for the trees etc was also awarded as per the existing price rate. Being dissatisfied, the appellant and the proforma respondent filed an application under Section 18 of the Act to refer the claim to the reference Court for assessment and payment of enhanced compensation. This application was registered as Misc. (LA) Case No. 3/93.