DEPUTY COMMISSIONER OF KAMRUP Vs. ARUN SANKAR BHADURI

JUDGEMENT

(1.) THE provisions relating to determination of compensation when any property is requisitioned under the provisions of the Requisitioning and Acquisition of Immovable Property Act, 1952, brevi manu the Act, require our interpretation in this appeal on these facts. An area of about 1617 bighas was first requisitioned under the Defence of India Act, 1962 by Notification dated 21.12.62 for construction of Digaru Explosive Storage Park and allied purposes. Possession was mostly taken on 8.3.63 and of some part on 25.3.63. Some portion was de -requisitioned, and the area which is still under requisition mensures about 1435 bighas. At the (sic) of taking over possession a list of jirats (Trees and plants) as prepared. As there could be no agreement about the amount of compensation, the matter was referred to the learned District Judge, L.A.D., at Gauhati by appointing him as an arbitrator under the Act. The learned arbitrator has made the following award:

(2.) ANNUAL recurring compensation for Jirats and other fruit bearing trees.

(3.) ANNUAL recurring compensation for lands having thatching grass over 124 bighas a kotha and 2 lechas (thatch bari) at Rs. 300.00 per bighas. Rs. 37.206.00 annually.