RABINDRADHAR BARUA AND ORS. Vs. COLLECTOR OF KAMRUP

JUDGEMENT

(1.) THIS land acquisition first appeal is from the reference Court judgment in Misc. Case No. 27 of 1966 arising out of L. A. Case No. 24 of 1959.

(2.) THE appellants' inherited land measuring 75B 3K 15L under Dag Nos. 208, 210, 212, 213 and 214 covered by K. P. Patta No. 54 of Noonmati village. Panbari Mouza, Gauhati was acquired for construction of the Railway Marshalling Yard (Project No. IIB) in L. A. Case No, 24 of 1959 wherein the notification under Section 4(1) of the Land Acquisition Act, hereinafter referred to as 'The Act', bearing No. RLA.4/60/59, was issued on 8 -10 -1961 and the declaration under Section 6 of the Act, bearing No. RLA. 4/60/60, was issued on 8 -10 -1961. The possession of the land was taken on 4 -2 -1960 even prior to the Notification. The Collector classified thereout 14B. 2K. OL. as homestead and 1B. 1K. 15L. as cultivable land. There were four standing houses and huts and a large number of standing trees, as shown in Ext. 1, and 9 tanks, some with fish, and a barbed wire fencing around.

(3.) THE reference made under Section 18 of the Act dt. 26 -6 -64 was registered as Misc. Case No. 27 of 1966 wherein the appellants claimed compensation for the land @ Rs. 35,000/ - per bigha. for the house and trees Rs. 1,50,000/ -. For the tanks and fish Rs. 1,50,000/ - and for loss of prospective income Rs. l,00,000/~. The reference Court by its judgment dt. 18 -3 -70 rejected the classification into homestead and cultivable land and enhanced the compensation for the land uniformly to Rs. 15,000/ - per bigha and for the tanks to Rs. 9,000/ - and refused to enhance on the other heads. Hence this first appeal.