DEPUTY COLLECTOR Vs. GOLAM SAROWAR ALOM

JUDGEMENT

(1.) THIS appeal by the Collector is directed against the judgment and award dated 08.06.1999 passed by the learned Addl. District Judge, Dhubri, in Misc.(L/A) Case No.111/1992, awarding the compensation of Rs.89,000/- in all, as against the compensation of Rs.5,072.30 as awarded by the Collector, for acquisition of the land measuring 2 kathas 10 lechas in village Baladoba, South Salmara Sub- Division in Dhubri district, for a public purpose i.e. for F.D.R. Project Brahmaputra Dyke from Fakirganj to South Salmara.

(2.) A plot of land measuring 196 bighas 4 kathas 17 lechas was acquired under the provisions of the Land Acquisition Act, 1894 (in short the Act), comprising three villages, namely, Boro Ravatari Part-II, Sobaltari and Baladoba for the aforesaid public purpose, which includes respondent's land measuring 2 kathas 10 lechas in village Baladoba in Dag No.237 of Khatian No.395, by registering L.A. Case No.16/1987- 88. The Collector in due course of time passed the award. An amount of Rs.5,072.30 was awarded as compensation by the Collector, in favour of the respondent, towards the value of the land and the houses as well as the trees grown thereon. The respondent being aggrieved by the compensation so awarded filed the application under Section 18 of the Act before the Collector, pursuant to which the reference was made and accordingly Misc.(L/A) Case No.111/1992 was registered before the reference Court. Since in the application filed by the respondent under Section 18 of the Act, the details of the claim have not been mentioned, the respondent was allowed to file the detail claim and accordingly he claimed the total amount of Rs.3,73,916.80 towards the value of the land, houses and trees grown over the land etc. The Collector, in the reference proceeding, on receipt of the notice entered appearance and filed the written objection basically contending that what has been awarded by the Collector is just and in accordance with law.

(3.) I have heard Ms. B. Dutta, learned Addl. Sr. Govt. Advocate, Assam, appearing for the appellant and Mr. A.R. Sikdar, learned counsel appearing for the respondent.