COMMANDER Vs. THONGKHOMANG HAOKIP

JUDGEMENT

(1.) THIS appeal arises out of Judgment and Award dated 30.12.1997 passed by the learned District Judge, Manipur West in Original Suit (L.A) No.3 of 1995. The appellant was defendant No.2 in the said suit.

(2.) THE Government of Manipur in the year 1978 decided to construct a road from Tengnoupal to New Samtal. i.e. 0.K.M. to 139 K.M. under North Eastern Council Fund and construction work was entrusted to Border Task Force (for short 'B.R.F.T'). For the purpose of the construction of the said road, 628.15 acres of land had to be acquired under the Land Acquisition Act, 1894( for short Act). The Collector of Chandel District under whose jurisdiction the said road was constructed, assessed the value of land so acquired for the purpose of said road at Rs. 4,500/ - per acre, and solatium at the rate of 15%. Not with satisfied the rate of compensation and solatium, the respondent No.1 as the Power Attorney Holder of the land owner filed 2(two) applications for reference under Section 18 of the Act. Both applications were refused by the Collector of Chandel District as a result of which the respondent No.1 as Power of Attorney Holder for some of the land owners filed Civil Rule No. 120 of 1995 in the Gauhati High Court, Imphal Bench. The Civil Rule No.120 of 1995 was disposed of by the learned Single Judge on 02.05.1995. The order passed therein is as follows: -

(3.) AFTER receipt of the reference from the Collector of Chandel District, the learned District Judge, Manipur West framed 11(eleven) issues. On consideration of the evidence placed before the Court, the learned District Judge in the impugned Judgment and Award enhanced compensation in respect of the land from Rs. 4,500/ - per acre to Rs. 6,000/ - granted 12% market value of the land under Section 23 (1 -A) of the Act, solatium at the rate of 30%, value of the damaged standing crops and trees calculated at Rs. 12,20,784/ -, 6% interest on the value of land from the year 1979 to 1983 and 15% interest on the value of land under the provisions of amended Act, 1984 for the period of from 1984 to 1990, the value of other crops calculated at 57,470/ - and 15% interest on the enhanced rate of value of land from the date of judgment. The impugned Judgment and Award of the learned District Judge is under challenge in this appeal.