Decided on May 08,1901



- (1.) This is an appeal against the decision of the District Judge of Sylhet made on a reference by the Deputy Commissioner of Sylhet under Section 19 of the Land Acquisition Act (I of 1894).
(2.) It appears that under the provisions of that Act certain lands belonging to the appellants were taken up by Government for the purpose of the Assam-Bengal Bail way. The area thus acquired amounted to 174 acres, and the railway line was laid down upon it through the estate of the appellants dividing it into two portions. The portion to the south of the railway comprised an area of some 200 acres, and the effect of the construction of the line was to out off this portion of the tea garden from the northern portion, where the residence of the manager and all buildings and offices connected with the management of the tea garden are situated. The coolie lines are also situated to the north of this line. The line, it should be mentioned, runs for a mile and a half through the appellants garden, and for a considerable portion of that distance it runs through very deep cuttings, some of which are over 68 feet in depth, and incapable of being crossed by coolies employed on either side of the line of railway.
(3.) When the case came before the Deputy Commissioner of Sylhet for the purpose of his making his award he allowed to the Tea Company, in respect of the market value of the land acquired as well as the capitalized value of the charges unaffected by the acquisition, 1,456 Rupees per acre which, with the addition of 15 per cent, compensation allowed by the Act, brought up the amount per acre to 1,675 Rupees; a claim was made on behalf of the Tea Company for compensation on account of severance of the southern portion of the garden which, however, was disallowed by the Deputy Commissioner. When the matter came before the District Judge, the Tea Company took exception to the award of the Deputy Commissioner, first, in respect of the market value of the land acquired, and then in regard to the amount allowed for the " standing charges " as they are called, and then in respect of the injuries sustained by the Tea Company by reason of the severance of the lower part of the garden from the upper. The learned District Judge came to the conclusion that the sum of 1,456 Rupees allowed by the Deputy Commissioner in respect of the market value of the land and the " standing charges " unaffected by the acquisition was particularly liberal, and he declined to give the Tea Company anything more in respect of these two heads. He also refused to give them anything in respect of the inconvenience and expense arising, as it is alleged, out of the severance of the lower and upper portions of the garden; but he gave them interest on the amount of the award from the date on which the land had been taken possession of by the Collector, and he also allowed them a sum of Rs. 2,000 to meet the expense of making new roads in the southern part of the garden and a sum of 500 Rupees in respect of expenses to which the company were put in cleaning out drains and so forth, which were filled from time to time by washings from the railway embankment.;

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