UNION OF INDIA Vs. JATIN CHANDRA KALITA

JUDGEMENT

(1.) Heard Mrs. U. Chakraborty, learned Special Senior Counsel for N. F. Railways, applicant. Also heard Mrs. M. D. Choudhury, the learned counsel for the private respondents and Mr. G. Bordoloi, the learned Government Counsel for the respondent No. 4.

(2.) The LA Appeals arose out of the Land Acquisition Case No. 29/88 and the award therein was put under challenge by the private respondents in Misc. Reference Case Nos. 59/99 to 84/99 (old), Misc. Reference Case No. 17/2014 to 17(XXV)/2014 (new) and the common judgment dated 08.09.2014 was passed by the learned District Judge, Kamrup at Amingaon. The subject matter in the said land acquisition case was the land wherein the requiring department was the N. F. Railways, the present applicant.

(3.) In the said reference cases [59/99 to 84/99 (old) disposed of on 31.03.2003], the present applicant Railways was not made party and being aggrieved the applicant Railways filed LA Appeal Nos. 1/12 to 31/12 in this Court. The said appeals were disposed of on 26.06.2013 holding that the appellant Railways being the requiring department, for whose purpose the land was acquired, they are person interested within the meaning of Section 20 of the Land Acquisition Act, 1894 and as such entitled to the notice from the Reference Court while deciding the aforesaid reference cases which admittedly were not issued. Accordingly this court in the said LA Appeal Nos. 1/12 to 31/12 set aside the judgment dated 31.03.2003 passed by the Reference Court and the same were remitted to the learned Reference Court (court of District Judge, Kamrup at Amingaon) for giving a fresh decision in the matter. While disposing of the said appeals, this Court directed the parties to the said appeals including the present applicant Railways and the Collector to appear before the Reference Court on 18.07.2013. Further the learned Reference Court was directed to decide the proceedings within a period of three months from the date of order of appearance of the parties as fixed by the appellate court.