KERAMUDDIN SHEIKH Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) The deemed decree dated 22.12.2004 passed by Reference Court under Section 18 of the Land Acquisition Act, 1894 has been brought under challenge in this first appeal by the claimant. The Collector assessed compensation of the acquired land at Rs. 16,000/- per katha which the learned Reference Court enhanced to Rs. 50,000/- on consideration of the evidence on record. Not satisfied with such enhancement, claimant has approached this Court by preferring this first appeal claiming that the market price at the relevant time was not less than Rs. 1,00,000/- per katha.

(2.) The Collector, Kamrup issued two notifications on 22.09.1994 and 22.11.1996 under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') for acquisition of a plot of land measuring 6 bigha 4 katha 3 lecha covered by Dag No. 84 of K.P. Patta No. 266 of village Betkuchi belonging to the claimant and others. L.A. Case No. 9/1993 was registered thereby and subsequently on 06.01.1997 notification under Section 6 of the Act was issued. In the mean time, Collector took over possession on 22.11.1996 from the occupants. This acquisition of land was for the public purpose of Indian Oil Corporation. A proceeding under Section 9 was thereafter followed and the Collector basing on a sale deed of the year 1989-90 assessed the market price of the land at Rs. 15,603.92 per katha. However, he invited the owners to collect the compensation assessed at Rs. 16,000/- per katha by rounding off the figure. The present appellant accepted the amount with protest and prayed that the matter be referred to the Collector under Section 18 of the Act for proper assessment of compensation. It is on such prayer of the claimant, Misc. (Ref.) Case No. 103/2000 was registered before adhoc Additional District Judge at Kamrup.

(3.) Upon pleadings of both sides, the learned Reference Court framed as many as 4 issues which are quoted below: