ISHANANDA SARMA PHUKAN Vs. DISTRICT COLLECTOR JORHAT

JUDGEMENT

(1.) This appeal for enhancement of compensation arising out of and is directed against the judgment and award dated 5.6.2000 and 23.5.2001 respectively passed by the District Judge, Jorhat in LA Misc. Case No. 148/1994 arising out of LA Case No. 4/1987 on a petition made under Section 18 of the Land Acquisition Act, 1894 (for short 'Act') for referring the petition to the District Judge, Jorhat for determining the actual value of the land and building and other compensation with interest on the determined value.

(2.) Notification under Section 4 of the Act was issued being No. R.L.A. 9/88/5 dated 21.3.1988 published in the Assam Gazette dated 23.3.1988 whereby and whereunder land measuring 1 Bigha 14 & 1/2 Lechas of land at Malow Ali, Jorhat under Dag No.836, Patta No.3, Block No.5 has been acquired by the Government of Assam through the Collector, Jorhat. By the same notification another plot of land measuring 12 & 1/2 Lechas at Block No. 5, Patta No. 21, Dag No. 837 had also been acquired alongwith an Assam type house constructed in the year 1957, another part in 1962 and the remaining portion i.e. 700 square feet was built in the year 1977. The house measuring about 2500 square feet having six big rooms, equipped with independent water supply with a pond over the said plot of land with proper electrification and three sets of sanitary latrines and bath-rooms. Since 1957, the said house was under the occupation of the office of the Deputy Director of Economics and Statistics, Jorhat. Thus, total area of 1 Bigha 2 Kathas 11 1/4 Lechas including 1 Bigha 1 Katha 7 Lechas of land with the house of the appellant standing thereon at Jorhat town, Block No.5, Mouza Nagarmahal, District Jorhat were acquired by the Government dispensing Section 5A and invoking urgency clause under Section 17 of the Act. Notification and the declaration together were published in the Assam Gazette on 23.3.1988 and possession of the land alongwith the house standing thereon was taken over by the Collector and handed over to the acquiring authority on 9.5.1988.

(3.) Thereafter, the Collector, Jorhat started a proceeding being LA Case No.4/1987 whereby an award of Rs.4,85,122.50 (Rupees four lakhs, eighty five thousand, one hundred twenty two and paise fifty only) on account of compensation, both for building and the land (which included additional amount @ Rs.12% per annum on the market value from 23.1.1988 to 9.5.1988 and additional compensation @ Rs.30%) was made. Being not satisfied with the award, the appellant took up the matter on the file of the Civil Court on a reference made under Section 18 of the Act.