ATAUR RAHMAN LASKAR Vs. COLLECTOR OF CACHAR

JUDGEMENT

(1.) THIS appeal has been filed against the judgment dated 8.9.92 passed by the learned District Judge, Cachar at Silchar in Misc. L. A. Case No. 345/89.

(2.) A plot of land was acquired by the State of Assam for the water supply scheme and the notification was finally published under Section 4(1) of the Land Acquisition Act, 1894 on 2.8.88. The declaration was also made on the same date. The area of land is 1 Bigha 0 Katha 14 Chataks. The Collector gave an award for Rs. 19,129.23 alongwith other benefits as available. The value of the land was fixed at Rs. 6,262.50. The possession of the land was taken in the year 1976 and 15% per annum interest from 17.12.76 to 23.8.88 was also given by the Collector. The learned Judge on consideration of the materials on record found that the Appellant herein failed to discharge his burden regarding his claim for enhancement of the value of the land and accordingly dismissed the claim. Hence this appeal.

(3.) ON perusal of the materials available on record we fix that the Collector in determining the value of the land did not take into account the rise in the value of the land. It is the duty of the Collector in giving an award to find out the compensation which should be allowed for the land. In this particular case the Collector was absolutely mechanical in making the award and we find that just compensation was not given as required under Section 23(1) of the Land Acquisition Act. Section 23(1) mandates the Court to determine the compensation according to the market value of the land on the date of the publication of the notification under Section 4, Sub -section (1). This was not done in the instant case. Accordingly we fix the value of the land at Rs. 10,000 per Bigha and other benefits which are available to the Appellant under Section 23(2) and Section 28 and other statutory interest shall be payable as provided under Section 34 of the Land Acquisition Act.