RAMENDRA KUMAR BHATTACHARJEE Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) This appeal under Section 54 of the Land Acquisition Act, 1894 (for short, LA Act) is directed against the judgment and order dated 23.04.2005 passed by learned Land Acquisi -tion Judge (for short, LA Judge), Dharm -anagar, North Tripura, in case No. Misc. 01(LA) of 2004.

(2.) Heard learned senior counsel, Mr. A.K. Bhowmik for the appellants. None appeared for the respondents though the case appeared for hearing in the cause list.

(3.) Land measuring 1.000(one) acre classified as bastu, viti, pukur/pukur par belonged to the appellants recorded inKhatian No.3803, plot Nos.6595, 6596, 6597, 6598, 6599 and 6601(Part) of Mouja -Dharmanagar town was acquired for the purpose of construction of departmental quarters, store, godown, etc. of the Telecom Department. Notification under Section 4 of the LA Act was issued on 01.03.1998 which was followed by declaration under Section 6 made on 25.05.1998. In the process of acquisition L.A. Collector by his assessment order dated 26.06.1998 determined value of the acquired land at the rate of Rs.12,00,000/ -(rupees twelve lakh) per kani and awarded compen -sation accordingly with other statutory benefits totaling Rs. 48,17, 988/ - (rupees forty eight lakh seventeen thousand nine hundred eighty eight). The appellants received the compens -ation under protest and requested the L.A. Collector to have a reference under Section 18 of the LA Act but the L.A. Collector did not make the reference and thereafter the appellants approached the High Court and pursuant to order dated 18.03.2004 passed by Division Bench of the Gauhati High Court in WA No.74 of 1999, LA Collector referred the case to the Court of LA Judge, Dharmanagar and on such reference, made by the LA Collector, case No. Misc.1(LA) of 2004 was registered in the Court of LA Judge, Dharmanagar.