HEIRLOOM KHARKONGOR Vs. COLLECTOR EAST KHASI HILLS

JUDGEMENT

(1.) Heard Mr. S.R. Sen, the learned Senior Counsel assisted by Mrs. P.D.B. Baruah, the learned counsel for the appellant and also heard Mr. M. F. Qureshi, the learned GA, for the respondent-State.

(2.) By notification dated 16.02.1990 published in the official Gazette on 01.03.1990 a land measuring 12245 Sq. m. was proposed to be acquired for improvement of Evelyne Ride Road (from 0-2.4 K.M.). Subsequently declaration under Section 6 of the Land Acquisition Act was issued on 16.11.1990 and published in the Official Gazette on 29.09.1990. After completion of the acquisition proceeding, the award was made by the Collector of the respondent. The appellant along with other claimant objected to the rate fixed by the Collector and received the awarded amount under protest. The appellant and other land owners then filed a petition under Section 18 of the Land Acquisition Act for referring the matter to the Court to decide the actual quantum of compensation to be paid to the land owners as per the prevailing price of land at the relevant time.

(3.) In the said land acquisition proceeding, the land of the appellant measuring about 43309 sq.ft. was also acquired. The land of the appellant consists of 3590 sq.m. or 38628.40 sq.ft. of Homestead land and 335 sq.m. or335 sq.m. or 4680.60 sq.ft. of paddy field. As per the award of the Collector, the rate of Rs. 32.28 per sq.m. was fixed for Homestead land, Rs. 53.80 per sq.m. for paddy field and Rs. 43.04 per sq.m. for garden land. The appellant in her claim petition has claimed the rate of Rs. 40 per sq. ft. for Homestead and garden land and Rs. 50 per sq. ft. for paddy field. The total claim of the appellant for compensation was Rs. 47,53,096.90.