COLLECTOR Vs. ABDUL MATIN AHMED

JUDGEMENT

(1.) THIS appeal has been preferred under Section 54 of the Land Acquisition Act against the judgment and award, dated 10.2.1997, passed by learned Addl. District Judge, Dhubri, in Misc. (L/A) Case No. 108/92, which arose out of L/A Case. No. 16/87 -88.

(2.) THE material facts leading to this appeal may, in a nutshell, be stated thus : In L/A Case No. 16/87 -88 aforementioned, the appellant, namely, Collector, Dhubri, acquired 1(one) bigha of land belonging to the respondent of this appeal, namely, Abdul Matin Ahmed for the purpose of protecting Brahmaputra Dyke. For the land so acquired, appellant fixed an amount of Rs. 23,453.79p as compensation, the market value of the land having been assessed by the appellant at Rs. 3,804.00 per bigha. Feeling aggrieved by the compensation amount so fixed, respondent sought enhancement of the said amount by demanding that he be paid a sum of Rs. 2,10,847.00 as compensation. As the appellant did not acceded tot he request so made by the respondent, the matter was brought up by way of reference before the learned Addl. District Judge, Dhubri. In the reference so made before the learned Addl. District Judge, Dhubri, the appellant contended, inter alia, that the assessment of the compensation amount awarded was correct and reasonable.

(3.) THE respondent adduced both oral as well as documentary evidence by examining himself and one more person as witnesses. No evidence was adduced by the appellant. Upon hearing both sides, learned Judge delivered the impugned judgment and award, whereby the issue No. 1 was decided in the affirmative and issue No. 2 in the negative. While dealing with issue No. 3, the learned Judge determined the market value of the land at Rs. 12,000.00 per bigha and accordingly, awarded to the respondent compensation of Rs. 12,000.00 per bigha for the acquired land. In addition to this amount, the learned Judge also fixed solatium at the rate of 30% on the market value of the land with effect from the date of taking possession of the land till payment thereof and fixed interest at the rate of 12% per annum on the excess amount awarded as compensation. Aggrieved by the award so delivered, the appellant has preferred this appeal.