HEMENDRA PROSAD BARUAH Vs. COLLECTOR OF SIBSAGAR
LAWS(GAU)-1968-2-10
HIGH COURT OF GAUHATI
Decided on February 12,1968

Hemendra Prosad Baruah Appellant
VERSUS
COLLECTOR OF SIBSAGAR Respondents

JUDGEMENT

C. Sanjeeva Row Nayudu, J. - (1.) THIS first appeal is directed against an award of the Subordinate Judge, Upper Assam Districts at Jorhat, upholding the award made by the Collector of Sibsagar, Jorhat, and dismissing the reference made by the Collector at the instance of the Appellant -claimant Hemendra Prosad Baruah.
(2.) THE simple point that falls to be considered in this appeal is whether the compensation in this case under Section 7(1 -A) of the Assam Land (Requisition and Acquisition) Act, 1948 (Assam Act 25 of 1948) (hereinafter referred to as 'the Act'), has been correctly awarded. Mr. Ghose, the learned Counsel for the Appellant, has raised two main points: Firstly, he contended that the provisions of Section 7(1 -A), as also the entire Act are ultra vires of the Constitution and, therefore, it could not be given effect to and secondly, that assuming that the Act is constitutional and valid and the provision of Section 7(1 -A) of the Act could be given effect to, then the compensation should have been fixed on the basis of the market value property acquired and not according to Section 7(1 -A).
(3.) BEFORE we deal these points, it will be useful to refer to the relevant provisions of Section 7, which are as follows: 7(1) Subject to the provisions of Sub -section (1 -A), wherever any land is acquired under Section 4, there shall be paid compensation the amount of which shall be determined by the Collector in the manner and in accordance with the principles set out in Sub -section (1) of Section 23 of the Land Acquisition Act, 1894. * * * * (1 -A) In the case of land included in any grant or settlement made for special cultivation, if such land is lying fallow or uncultivated or is not utilised for the purpose for which the grant or settlement was made for the purposes incidental thereto, then the compensation payable for acquisition of such land together with trees (if any) standing on it shall be an amount equal to ten times the annual land revenue, which, on the date of publication of the notice referred to in Sub -section (1) of Section 4, is or would have been payable if such land is or had been assessable to revenue at full rates: Provided that, where any amount was originally paid to Government by the grantee as price or premium for the land, an additional amount equal to the amount originally paid by the grantee shall also be payable. Explanation. -'Special cultivation' means Cultivation which involves, either owing to the nature of the crop or owing to the process of cultivation, a much larger expenditure of capital per acre than is incurred by most of the cultivators in the State, and includes cultivation of tea.;


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