M/S ASSAM PLYWOOD LIMITED Vs. LAND ACQUISITION OFFICER AND ANR
HIGH COURT OF GAUHATI
M/S Assam Plywood Limited
Land Acquisition Officer And Anr
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PRASANTA KUMAR DEKA,J. -
(1.) Heard Mr M.K.Choudhury, learned Senior counsel assisted by Mr.A.Barkataki learned counsel appearing for the appellant and also heard Mr.B.Pathak, learned counsel appearing for the respondent No.2 and Ms.K.Phukan, learned Govt. Advocate appearing for the respondent No.1.
(2.) Land measuring 1bigha 0 katha 11 lechas covered by dag No. 1364 of KP Patta No. 757 of village Sahar Ulubari in the district of Kamrup within the heart of the city of Guwahati belonging to the present appellant Company was acquired by the respondent No. 1 for respondent No. 2 to construct a mini Telcom exchange vide notification No. RL 298/95/33 dated 9.3.1999 published in the Assam Gazette on 23.3.1999 and declaration of No. RLA 218/95/26 dated 19.3.1999 issued under section 6 of the Land Acquisition Act, 1894 (in short the Act,1894) by exercising power under section 17(4) of the Act 1894 without giving any opportunity to the present appellant for filing objection. The possession of the said land was handed over on 10.3.2000 and the respondent No. 1 assessed the market value at Rs. 75,000/- per katha of the said land so acquired.
(3.) Being aggrieved the appellant filed requisite application for reference which was allowed and thereafter the appellant preferred an application under section 18 of the Land Acquisition Act 1894 in the Court of learned District Judge, Kamrup. The learned Reference Court after taking evidence and hearing the parties enhanced the land value from Rs. 75,000/- per katha to Rs. 3 lacs per katha vide judgment dated 28.7.2004. Being aggrieved by the said judgment and award dated 28.7.2004, the appellant has preferred this appeal under section 54 of the Act 1894 for further enhancement.;
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