AMULYA MOHAN DAS AND ORS. Vs. COLLECTOR OF KAMRUP AND ORS.
HIGH COURT OF GAUHATI
Amulya Mohan Das And Ors.
Collector Of Kamrup And Ors.
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PRASANTA KUMAR.DEKA,J. -
(1.) Heard Mr. NN Upadhaya, learned counsel, appearing for the appellants. Also heard Ms. U. Chakraborty, learned counsel, appearing for the respondent No. 2, the Railway and Ms. K. Phukan, learned Government Advocate, Assam, appearing for the respondent No. 1, the Collector, Kamrup, Guwahati.
(2.) Undisputedly, the land measuring 2 Bighas 3 Kathas 14 Lechas out of total land measuring 13 Bighas belonging to the present appellants, is the subject matter of LA Case No. 4/1991 against the total land acquired measuring 94 Bighas 4 Kathas 14 Lechas by the respondent No. 1, the Collector, Kamrup, Guwahati for laying down the BG Railway Track from Jogighopa to Guwahati. The present appellants were carrying out the Brick Kiln Industry over the said land measuring 13 Bighas 2 Lechas which includes the land measuring 2 Bighas 3 Kathas 14 Lechas whereon as submitted the activities of the Brick Kiln manufacturing process took place. As an ancillary to the said industry the labour quarters were standing thereon along with the chimney and 2 big ponds. The said land was connected to the Highway after the appellants had constructed the motorable road connecting the same with the Highway. The respondent No. 1, the Collector fixed the rate for compensation of Rs. 59, 500/- per Bigha and the total compensation against the said acquisition comes to Rs. 2,31,502/- due to the appellants.
(3.) The said amount was received under objection and thereafter, an application was filed before the Collector, Kamrup, Guwahati for referring the matter to the reference court within the provision of the Land Acquisition Act, 1894. On the basis of the said reference, the Reference Case No. 26/1994 was registered in the court of the learned Additional District Judge (Ad-hoc), Kamrup at Guwahati which was disposed of vide judgement and award dated 27.09.2004 thereby enhancing the land value from Rs. 59,500/ to 80,000.00 per Bigha. The said enhancement was directed to be paid to the appellants along with the mandatory provisions including the solatium and 12% interest as additional compensation under Section 23 (2) and 23(1-A) of the Land Acquisition Act, 1894.;
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