BASANTIPUR TEA CO. (PVT.) LTD. Vs. COLLECTOR OF CACHAR
LAWS(GAU)-1973-5-7
HIGH COURT OF GAUHATI
Decided on May 02,1973

Basantipur Tea Co. (Pvt.) Ltd. Appellant
VERSUS
COLLECTOR OF CACHAR Respondents

JUDGEMENT

P.K. Goswami, C.J. - (1.) THIS First Appeal arises out of an order passed by the learned District Judge, Silchar, in a reference under Section 18 of the Land Acquisition Act, 1894, hereinafter called the Act.
(2.) THE appellant -company, whose land measuring 49 bighas 18 kathas 4 chataks including tea garden land with tea bushes, was acquired by the Government, was aggrieved by the award dated 15th November, 1967 of the Collector giving a sum of Rs. 63,405.10. The appellant is now claiming a sum of Rs. 3,87,222.25 p. Being aggrieved by the said award, it made an application to the Collector on 26th December, 1967 praying for a reference under Section 18 of the Act. Although the actual date of the reference by the Collector is not known, it appears there was considerable delay in making the reference which was registered by the District Judge only on 5th March, 1970 being Misc. Case No. 21 of 1970. At the time of hearing of the reference before the District Judge, an objection was taken under Section 25 (2) of the Act on the ground that the appellant had refused or omitted without sufficient reason to make any claim to compensation after receipt of the notice under Section 9 of the Act. Being faced with this position, the appellant made an application before the District Judge on 16th June, 1972 under Section 25 (3) of the Act, pleading certain sufficient reason for its omission to make the claim. The learned District Judge, however, held that there was no sufficient reason for omission to make the claim and, therefore, rejected the application and also the reference. Hence this appeal.
(3.) THE short question that arises for consideration is whether the notice under Section 9 was a valid notice in accordance with law and whether the same was served on the appellant.;


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