ALOK BAGARIA Vs. COLLECTOR CUM DEPUTY COMMISSIONER

JUDGEMENT

(1.) Heard Mr. D. Das, the learned Senior Counsel, assisted by Mr. S. Deka, the learned counsel for the appellants. Also heard Mr. D. Mazumder, the learned Additional Advocate General, Assam assisted by Ms. D.D. Barman, the learned Additional Senior Government Advocate for the State respondents as well as Mr. M. Nath, the learned Senior Counsel, assisted by Mr. A. Bhattacharjee, the learned counsel for the respondent No. 2.

(2.) This appeal under Sec. 54 of the Land Acquisition Act, 1894 has been preferred by the appellants, impugning the judgment and order dtd. 21/3/2016, passed in L.A. Case No. 43/2010, along with order dtd. 16/5/2016, passed in Misc. (J) Case No. 16/2016 by the Court of the learned District Judge, Dibrugarh.

(3.) The facts relevant for consideration of the instant appeal, are that the predecessor-in-interest of the appellants, namely, Bhawani Shankar Bagaria was the absolute owner and possessor of a Tea Estate, namely, Beheating Tea Estate, which consists of several bighas of land, including land measuring 152 bighas 4 kathas 4 lechas under Dag No.3,4, 5, 6, 7, 22, 23, 24, 71, 68, 69, 70 and 6/498 of Patta No. 13/176 OR(R) Grant (B) of village Borp-athar Kakoti Gaon of Mankata Khanikar Mouza. The aforesaid land measuring 152 bighas 4 kathas 4 lechas has been acquired by the respondent No. 1 under the provisions of Land Acquisition Act, 1894 for Gas Cracker Project at Lepetkata, Dibrugarh. The respondent No. 1, i.e. the Collector-cum-Deputy Commissioner of Dibrugarh District, acted as the Land Acquisition Officer and respondent No. 2 is the requisitioning authority for whom the land has been acquired.