SHANTI KR JALAN Vs. COLLECTOR OF KAMRUP GUWAHATI

JUDGEMENT

(1.) THIS is an appeal under Section 54 of the Land Acquisition Act, 1894, read with Section 12(2) of the Assam Land (Requisition and Acquisition) Act, 1964, against the judgment and decree, dated 16.09.2006, passed by the learned Additional District Judge, Kamrup (FTC No. 2), Guwahati, in Reference Case No. 12/2003, arising out of land Acquisition Case No. 17/74(Pt).

(2.) I have heard Mr. G..N. Sahewalla, learned Senior counsel, appearing on behalf of the appellants, and Mr. P.S. Deka, learned Government Advocate, appearing on behalf of the respondents.

(3.) I may, however, pause here to point out that Section 12(2) of the 1964 Act makes it clear that subject to the provisions of 1964 Act, the provisions of Land Acquisition Act, 1894 (hereinafter referred to as the 1894 Act'), shall mutatis mutandis apply in respect of any reference made to the Court under sub-section (1). Because of the fact that it is Section 54 of the 1894 Act, which provides for appeal, the present appeal is an appeal under Section 54 of the 1894 Act read with Section 12(2) of the 1964 Act.