B.P.Singh, J. - (1.) THESE special leave petitions have been preferred against the judgment and order of the High Court of Assam at Gauhati dated December 21, 2004 in Review Application No.54 of 1998. Special Leave Petition No.7182 of 2005 has been preferred by M/s. Green View Tea and Industries Ltd. whose lands measuring about 681 bighas, 1 katha with tea bushes, drainage system, garden roads, shade trees and other valuable trees were notified for acquisition under Section 4 of the Land Acquisition Act by Notification published in Assam Gazette on November 11, 1992. The petitioner in the aforesaid special leave petition has challenged the compensation awarded by the High Court for the lands in question.
(2.) SPECIAL Leave Petition No.15810 of 2005 has been preferred by M/s. Numaligarh Refinery Ltd. for whose benefit the acquisition has been made, and is directed against the award of compensation for the tea bushes at the rate of Rs.75/- each. SPECIAL Leave granted in both these petitions. This litigation has a long chequered career. The Notification issued under Section 4 of the Land Acquisition Act was followed by a declaration made under Section 6 of the Act. Possession of the lands in question had been taken invoking the urgency provisions. The Collector by his award of July 4, 1994 awarded compensation for the lands @ Rs.7,000/- per bigha and compensation for the tea bushes @ Rs.15 per tea bush. Dissatisfied with the award of the Collector M/s. Green View Tea and Industries Ltd. (hereinafter referred to as the "appellant") sought a reference under Section 18 of the Act which was made to the District Judge, Golaghat and was registered as L.A. Case No.1 of 1996. By his judgment and order dated November 18, 1996 the learned District Judge awarded compensation @ Rs.22,000/- per bigha for the lands and @ Rs.75/- each for tea bush. The appellants preferred First Appeal No.27 of 1997 against the award of the learned District Judge contending that the compensation granted for the lands was inadequate. The Numaligarh Refinery Ltd. (hereinafter referred to as the "respondent") as well as the Collector filed appeals before the High Court being First Appeal No.32 of 1997 and First Appeal No.33 of 1997 respectively. By judgment and order dated June 24, 1998, the High Court dismissed First Appeal No.27 of 1997 preferred by the appellant while allowing the appeals preferred by the respondent and the Collector. The High Court restored the award of the Collector granting compensation @ Rs.7,000/- per bigha and Rs.15 per tea bush. The appellant filed a Review Application No.54 of 1998 praying for the review of the judgment and order of June 24, 1998 dismissing its appeal. The petitioners also filed Special Leave Petitions before this Court against the judgment and order of the High Court aforesaid, but on March 8, 1999 withdrew the Special Leave Petitions in view of the pendency of the review petition before the High Court. Ultimately, the High Court by its order dated August 25, 1999 dismissed the review petition. The appellant then filed Special Leave Petition Nos.18180- 18182 of 1999 against the judgment and order of the High Court dated June 24, 1998 dismissing the First Appeal preferred by the appellant. On November 22, 1999 the appellant also filed a special leave petition before this Court being Special Leave Petition No.5417 of 2000 impugning the order of the High Court dated August 25, 1999 dismissing the review petition. This Court by its order of December 1, 1999 dismissed the special leave petitions preferred by the appellant. Aggrieved thereby the appellant filed Review Petition Nos.306-308 of 2000 in which this Court issued notice on March 8, 2000. The special leave petitions preferred against the order of the High Court dismissing the review petition and the review petitions filed by the appellant against the order of dismissal of its special leave petitions were heard together. By its judgment dated November 9, 2001 this Court dismissed the Review Petition Nos.306-308 of 2000 but granted leave in Special Leave Petition No.5417 of 2000 against the order of the High Court rejecting the review petition of the appellant. This gave rise to Civil Appeal No.7692 of 2001. The appeal of the appellant, namely, Civil Appeal No.7692 of 2001 was allowed by this Court setting aside the order of the High Court and the matter was remitted to the High Court to be heard and disposed of in accordance with law. The judgment of this Court in the aforesaid appeal is reported in 2004, Vol.4 SCC 122. It would be necessary at the appropriate stage to notice the observations made by this Court in its aforesaid judgment. To complete the narrative, in the light of judgment and order of this Court the High Court considered the review application filed before it by the appellant and by its judgment and order of November 21, 2004 partly allowed the review application in as much as it increased the compensation awarded for the lands from Rs.7,000/- per bigha to Rs.10876/- per bigha and awarded the compensation of Rs.75 for each tea bush. This order of the High Court partly allowing the review application is challenged before us in these two appeals.
(3.) BEFORE adverting to the facts of the case and the evidence produced by the parties in support of their respective claims, it may be useful to broadly indicate even at this stage the thrust of the argument of counsel for the appellant that the State having itself granted compensation @ Rs.55,000/- per bigha, which was also at one stage offered to the appellant - company, and in the light of several awards made, there was no justification for granting to the appellant - company compensation for the lands at a rate less than Rs.55,000/- per bigha. Reliance was also placed on the observations of this Court to the effect that these were relevant matters to be considered while awarding compensation in the instant case. The appellant has relied upon the offer made by the State as contained in its approval dated September 10, 1992. It has further relied on the approval of rates for tea lands in the districts of Tinsukia and Dibrugarh, apart from estimates prepared for some other lands which were sought to be acquired for Oil and Natural Gas Commission. The appellant has also relied on awards made in respect of tea lands in the district of Sibsagar Exhibits - 8 and 9. The appellant has relied on the sale deeds Exhibits 3,4 and 5 and submitted that the compensation awarded by the High Court is wholly unjustified and grossly inadequate. There is no dispute that in the Jamabandi the lands have been classified as tea class. The lands fall within the district of Golaghat which earlier formed part of the district of Sibasagar. It was strenuously urged before us that the offer made by the State itself was a very important piece of evidence to be considered, and this aspect of the matter was emphasized by this Court while remanding the matter to the High Court on an earlier occasion. Our notice has been drawn to the letter of the Deputy Commissioner, Golaghat addressed to the Commissioner and Secretary to the Government of Assam, Department of Revenue dated August 20, 1992. In the said letter the Deputy Commissioner has referred to lands measuring 751.30 acres which was proposed to be acquired for the respondent to set up its refinery. The Deputy Commissioner proposed for approval of a uniform bigha rate @ Rs.55,000/- per bigha irrespective of class for both Government and patta lands. Reference is made to the lands acquired for ONGC in the District of Sibsagar for which uniform bigha rate of Rs.55,000/- was fixed and which had been duly approved by the Government.;