GREEN VIEW TEA AND INDUSTRIES Vs. COLLECTOR GOLAGHAT

JUDGEMENT

(1.) The order of this Court dated December 1, 1999 dismissing Special Leave Petition (C) Nos. 18180-18182 of 1999, is brought under challenge in the Review Petitions. And Special Leave Petition (C) No. 5417 of 2000 is filed seeking leave to appeal from the order of the High Court of Gauhati in Review Application No. 54 of 1998 passed on August 25, 1999. These cases relate to the same subject-matter and arise out of one and the same proceeding.

(2.) To appreciate the controversy and the contentions of the parties, a reference to the relevant facts leading to the filing of these cases would be apt.

(3.) An extent of 825 bighas, 2 kathas, 0 lessa of land in village Ouguri Chapari under Mouza Morangi, Sub-Division Golaghat in the District of Golaghat (for short, "the acquired land") was notified for acquisition under Section 4(1) of the Land Acquisition Act, 1894 (for short, 'the Act') for the construction of Numaligarh Oil Refinery (hereinafter referred to as 'the company') in notification No. RLA/210/92/27 dated September 22, 1992 which was published in the Gazette on November 4, 1992. In a meeting held in the chamber of the then Chief Minister of Assam on February 25, 1993, it was resolved that for the said compensation, inclusive of solatium, additional interest etc. at the rate of Rs. 55,000/- per bigha, would be paid. The company also consented to payment of compensation at the said rate. But the process for fixing compensation for the acquired land by agreement of the parties did not materialise as the petitioner, owner of the land did not accept the said rate. The acquisition proceedings were, therefore, continued under the Act and the Collector, Golaghat, proposed compensation for the said land at the rate of Rs. 10,876/- per bigha but the State Government approved Rs. 7,000/- per bigha only. Accordingly, the Collector awarded compensation for the acquired land at the rate of Rs.7,000/- per bigha. Dissatisfied with the award of the Collector dated July 4, 1994, the petitioner sought reference to Civil Court under Section 18 of the Act. On reference, in L.A. Case No. 1 of 1996, the District Judge granted enhanced compensation at the rate of Rs. 22,000/- per bigha on November 18, 1996. Aggrieved thereby, the petitioner filed First Appeal No. 27 of 1997 praying for further enhancement of compensation; the Company and the Collector, Golaghat, filed First Appeal Nos. 32 and 33 of 1997, respectively, challenging the enhancement of compensation by the District Judge from Rs. 7,000/- to Rs. 22,000/- per bigha. The High Court by its common judgment dated June 24, 1998 dismissed the appeal of the petitioner and allowed the appeals of the respondents, in the result, the compensation awarded by the Collector, Golaghat, at the rate of Rs. 7,000/- per bigha was restored. Against that judgment of the High Court, the petitioner filed Review Application No. 54 of 1998 in the High Court. He filed Special Leave Petition (C) Nos. 18020-18022 of 1998 also seeking leave of this Court to appeal against the said common judgment of the High Court dated June 24, 1998. On March 8, 1999 he was permitted to withdraw the Special Leave Petitions as his Review Application in the High Court was pending. On August 25, 1999, the said Review Application was dismissed by the High Court and its order is the subject matter of Special Leave Petition (C) No. 5417 of 2000. However, against the said common judgment of the High Court dated June 24, 1998, the petitioner again filed Special Leave Petition Nos. 18180-18182 of 1999 delayed by 399 days. On December 1, 1999, this Court condoned the delay but dismissed the Special Leave Petitions, which is subject matter of the Review Petitions.