KAMESWAR BRAHMA Vs. COLLECTOR OF GOALPARA

JUDGEMENT

(1.) :- These petitions in revision are directed against the same judgment and award dated 30-11-87 passed by the learned District Judge, Kokrajhar as Land Acquisition Judge, and the order dated 9-2-88 passed by the same learned District Judge on an application under S.152 of the Civil P.C., hereinafter referred as 'the Code'.

(2.) The petitions raise the same questions of fact and law and are disposed of by this common judgment.

(3.) The land of petitioner in each revision had been acquired under the provisions of the Land Acquisition Act, 1894, hereinafter referred as the 'Act', for the purpose of Bangaigaon Refinery and Petrochemicals Ltd. in the year 1973 and possession was taken some time in 1974. The Collector allowed compensation at the rate of Rs. 1,500.00 per bigha. The petitioners had accepted it with protest and asked for reference under S.18 of the Act, which was made. The Reference Court had made a common award on 16-4-82 in all the cases. There was review which was allowed and the compensation amount awarded was enhanced. There was an appeal by the Collector to this Court, and the award dated 16-4-82 as modified by the order in review dated 21-8-82 was set aside and the matter was remanded to the Reference Court for fresh consideration. The Reference Court by common judgment and award dated 30-11-87 enhanced the compensation amount to Rs. 3,500.00 per bigha and also allowed solatium under sub-sec. (2) of S.23 of the Act, as amended by Act No.68 of 1984, which had come into force with effect from 24/09/1984. The petitioners moved an application under Section 152 of the Code for correction of award for interest on the enhanced compensation amount which was heard but rejected by common order dated 9-2-88.