COLLECTOR OF KAMRUP Vs. ANANDI DEBI

JUDGEMENT

(1.) Whether the respondent is entitled to 15 per cent solatium of the market value of the land as awarded by the civil court on reference under the Assam Land (Requisition and Acquisition) Act, 1948 ? This is the only contention raised by the appellant in these appeals. No other point has been urged by Mr. S.A. Laskar, learned Additional Senior Government Advocate, Assam.

(2.) Briefly, the necessary facts for disposal of these appeals are that two parcels of lands were acquired by the Collector under the provisions of the Assam Land (Requisition and Acquisition) Act, 1948, shortly 'the Assam Act'. The Collector awarded compensation. The respondent sought for a reference, obtained it and upon hearing the parties and on conclusion of trial the Court awarded market value, interest and 15 per cent solatium on the market value, in consideration of the compulsory nature of the acquisition. The appellant being aggrieved by the award of 15 per centum solatium on the market value, has preferred these appeals.

(3.) It has been urged that in a proceeding under the Land Acquisition Act, 1894, shortly 'the Central Act', the Court is hound to award a sum of 15 per centum on the market value, in consideration of the compulsory nature of acquisition. It has been contended that solatium is not payable to the claimant whose lands have been acquired under the provisions of the Assam Act. The provisions of S.7(2) of the Assam Act read as under :