ASSAM STATE ELECTRICITY BOARD Vs. LATISH CHANDRA TAMUNG

JUDGEMENT

(1.) LAND acquisition proceeding was started by issuance of the Notification under Section 4 of the Land Acquisition Act, 1894 for acquisition of 14 Bighas, 2 Kathas and 3 Lechas of land of Dag No. 1009 (Kha), KP Patta No. 41 of Village-Japarigog, Mouza-Beltola in the district of Kamrup for the purpose of construction of Power House and staff quarter of Assam State Electricity Board (ASEB ). The original owner of the land Jethus Mikir expired and his name was substituted by the legal representatives who are respondents before us. The Land Acquisition Officer in LA Case No. 8/89 gave award of Rs. 30,08,830. 80 for the land. The award in terms of Bigha comes to Rs. 1,30,000. 00 per Bigha and in terms of Katha it comes to Rs. 32,000. 00 per Katha. The respondents being aggrieved by the award made an application for reference to the Court below under Section 18 of the Act. The Court below after appreciation of the evidence placed on record, namely, the oral evidence and three sale deeds dated 27. 10. 89, 16. 08. 89 and 20. 04. 89 (Exts. 2, 3 and 4) increased the amount of award to Rs. 72,15,000. 00 with solatium at the rate of 30% on the market value as per Section 23 (2) of the Act and the interest at the rate of 9% per annum on the excess amount for the first year form the date of notification for acquisition of the land and 15% per annum afterwards till the date of payment of such excess amount. The awarded amount comes to Rs. 5,00,000. 00 per Bigha and Rs. 1,00,000. 00 per Katha.

(2.) BEING aggrieved by the award the ASEB, the beneficiary, has preferred the appeal challenging the award made by the Reference Court. It is contended by the learned counsel for the appellant that the Court below has committed an error in relying on Ext. 2, the sale deed for assessment of the price of the land acquired and thereby committed a mistake in giving compensation at the rate it has been given.

(3.) THE Court below has relied upon the Ext. 2 dated 27. 10. 89 which is a sale deed of 1 Bigha of land for the consideration of Rs. 15,19,045. 00. Ext. 3 is a sale deed dated 16. 06. 89 for 2 Kathas 7 Lechas of land for a consideration of Rs. 1,48,000. 00. On this the price per Bigha would be Rs. 3,14,893. 60. Ext. 4 is another sale deed dated 20. 04. 89 for 2 Kathas 1 Lechas of land for a consideration of Rs. 1,00,000. 00 and the price per Bigha would be Rs. 2,00,000. 00. The seller of the Ext. 2 land Ciman Ram Prasad has been examined as PW 5 who has stated that he sold 1 Bigha of land to Canara Bank on 27. 10. 89. Ext. 2 is the certified copy of the deed of sale and the sale was made for Rs. 15,19,045. 00. His land was located in Village-Japarigog, Mauza-Beltola and in the same village from where the land has been acquired. On cross-examination he states that he did not know the distance between his land and the land where the staff quarters for ASEB have been built. His land is situated at Saktigarh Path in Bhangagarh area. From GS road his land is about 400 yards away. PW 1 Shri Latish Ch. Tumung, the son of the owner of the acquired land, has deposed that he grew two crops annually on the acquired land and used to get an yield of 28 to 30 mounds of paddy a Bigha. He had raised wire fence on all four sides of the land which cost him 22 to 23 thousand rupees. A fence like that will now cost Rs. 50,000. 00, the acquired land is a kilometer away from RG Barua road that runs across the front of the State Zoo. Alongside the land, a road leads from RG Baruah road to Ganeshguri which is a public road. The name of this road is Chiriakhana-Japorigog road. In the vicinity of the acquired land High School, Bank and Industries etc. have been established. On this acquired land Government has built Power House and Staff Quarters. In cross-examination this witness stated that the land is within the greater Guwahati area and one can reach this land if one walks a kilometer alongside the Zoo. The land is situated in an area covered under Urban Areas Land (Ceiling and Regulation) Act, 1976. The land in Ext. 2 is half a furlong south of the acquired land. If one walks from the Zoo to the acquired land, one reaches the land of Ext. 2 first. The land falling under Ext. 3 is about half a furlong away from the land of Ext. 2, and is about half a furlong away from the acquired land. PW 2 Shri Prasanna Deka was an official surveyor of land of Land Acquisition Department. He has stated that the land acquired, which adjoins the zoo wall, is about three furlong away from RG Barua road. Along side this land a pitched road leads to Ganeshguri. There is a boundary fence on all four sides of the land. There are Schools, High Schools and Shops etc near the acquired land. Having taken possession of the land the ASEB has built Power House and quarters etc. over the land. This land belongs to developing area. PW 3 Sri Jatiram Mikir states that at the time of acquisition of the land it had barbed wire fence on all four sides. The ASEB built Power House and some houses on the acquired land and while doing so the ASEB was not required to fill the land a much because the acquired land was high land.