SOCKLATINGS TEA CO. (P.) LTD. Vs. COLLECTOR OF SIBSAGAR

JUDGEMENT

(1.) THIS is an appeal against the award dated 30th June, 1969 of the learned District Judge, U. A. D. Jorhat in Land Acquisition case No. 157 of 1961 arising out of an application under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) filed in L. A. case No.88 of 1959-60 before the Collector at Jorhat. The facts may be stated, in brief, as below.

(2.) AN area of 22 B. 4-K. O Lecha of land pertaining to Socklating Grant (F. C. Grant No. 1) in Khangia Mouza of Jorhat Sub-division belonging to the appellant - Socklating Tea Co. (P) Ltd. was acquired by the Collector of the District Sibsagar for construction of a crude oil pipe line from Naharkatia to Gauhati, vide preliminary Notification No. RLA. 138/60/2 dated 11-4-1960 and declaration No. RLA. 138/60/14 dated 26-8-1960 under Sections 4 and 6 of the Act, respectively. The Collector by his award under Section 11 of the Act awarded a sum of Rs. 7,980/- as compensation for the land without the trees etc. There were tea bushes on this land the number of which was disputed. According to the Collector the number of bushes was only 3,117, whereas, according to the appellant there were 7164 bushes, which were destroyed. The Collector awarded a sum of Rs. 15,586.15 P. for the tea bushes on the basis of 3117 bushes at the rate of Rs. 5/- per bush as against the claim of the appellant at the rate of 12.50 per bush. An additional compensation at the rate of 15% was allowed by the Collector on the above amount, as required under Section 23 (2) of the Act.

(3.) BEFORE the learned District Judge, who heard the application under Section 18 of the Act, the appellant did not claim any enhanced compensation for the land itself, but claimed enhanced compensation in respect of tea bushes and the additional compensation by way of reinstatement, as mentioned above.