STATE OF MRGHALAYA Vs. SAPHADABIANG PASSAH

JUDGEMENT

(1.) This appeal preferred under Sec. 54 of Land Acquisition Act 1894 is directed against the Judgment and Order dated 28.07.2006 passed by Special Judicial Officer, Land Acquisition Cases, Shillong in reference Land Acquisition Case No. 1 (J) of 2004 whereby the land compensation has been enhanced by calculating increased market rate from Rs. 122.00 per sq mts to Rs. 350.00 per sq mts in respect of pinegrove and from Rs. 280.00 per sq mts in respect of barren Land.

(2.) Heard learned counsel for the parties and perused the record. 2

(3.) Brief facts of the case are that the State Government vide its Notification dated 8/5/2002 issued under Sec. 4 of Land Acquisition Act 1894 (for short the Act of 1894) expressed an intention to acquire land measuring 29,220 sq mts of respondent Smti. Saphaidabiang Passah for public purpose (for construction of Home Guard Organisation office). The 29,220 sq mts land was situated at Lad Nartiang, Jowai Elaka, Jaintia Hills District which was acquired by issuing Notification under Sec. 6 of the Act of 1894 issued in 2002. The Collector calculated the market value of the land and trees acquired and awarded compensation of Rs. 44,68,876.00 (Rupees forty four lakhs sixty eight thousand eight hundred seventy six). The respondent (owner of land) accepted the compensation under protest and moved an application under Sec. 18 of the Act of 1894 for referring the matter to a Civil Court. On refusal of the said application, the respondent filed a Writ Petition (C) No. 38 (SH) of 2004, whereupon this Court directed the Collector to make the reference under Sec. 18 of the Act of 1894. Consequently reference was made by the Collector, Jaintia Hills District to the Special Judicial Officer (L.A. Cases), Shillong. The present appellant filed its written statement before the said authority and as many as 6 issues were framed.