SUNIL BARMAN Vs. STATE OF ASSAM
LAWS(GAU)-2018-7-156
HIGH COURT OF GAUHATI
Decided on July 12,2018

Sunil Barman Appellant
VERSUS
STATE OF ASSAM Respondents

JUDGEMENT

PRASANTA KUMAR DEKA,J. - (1.) Heard Mr. H. P. Barman, learned counsel for the petitioner. Also heard Dr. B. Ahmed, learned Standing Counsel for the Irrigation Department and Mr. S. R. Baruah, learned Counsel for the respondents.
(2.) The present petitioners on earlier occasion approached this Court by filing Civil Rule No. 695/96 on the ground that land of the petitioners was acquired by the State in the year 1981 and possession was taken over and thereafter the total compensation was determined at Rs.1,75,247/- in connection with LA Case No. 3/89-90. The petitioners did not challenge the quantum of compensation but they were aggrieved for non-payment of interest on the compensation amount as provided under section 34 of the Land Acquisition Act, 1894.
(3.) The said Civil Rule No. 659/96 was disposed of vide order dated 23.08.2001 observing as follows: "The writ petition stands disposed of with a direction that the respondents shall pay interest on the compensation amount at the rate of 9% for the first year from the date of possession and thereafter at the rate of 15% on the expiry of such period of one year from the date on which possession was taken. The respondent Collector, Dhubri is directed to release the compensation within a period of two months and the amount of interest as stated above, till the amount is deposited before the state Bank.";


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