SARALA BALA ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal-brought before this Court under Section 54 of the Land Acquisition Act, 1894 hereinafter referred to as the "act" read with Section 96 of the Code of Civil Procedure, is against the judgment dated 25. 8. 1994 in Misc. (LA) Case No. 93 of 1991 passed by the learned Additional District Judge, Dhubri. The proceeding before the learned District Judge was on a reference made under Section 30 of the Act pertaining to apportionment of compensation between the parties in the case.

(2.) WE have heard Mr. S. Sarma and Mr. Jayanta Deka, learned counsels who appeared for the appellant as well as Mr. D. C. Mahanta, the learned senior counsel representing the private respondents. We have also heard Mr. P. S. Deka, the learned Government Advocate who appears for the respondent No. 1.

(3.) THE reference under Section 30 of the Act made by the Collector arose out of a land acquisition proceeding initiated under LA Case No. /76-77 whereby land was acquired by the Assam Government for construction of a regulated market at Gauripur Town in Dhubri District. It would be apposite to extract the memo of reference forwarded by the Collector, Dhubri under Section 30 of the Act as the particular therein would be relevant for adjudication of the present dispute. From above reference, it can be noted that lands under Dag Nos. 76, 77 and Dag No. 389 were subject of acquisition, as they have some bearing on the claim made by the parties in the case. As already noted lands of these 3 Dag Nos. are under Khatian No. 65 of Gauripur town. This Khatian No. 65 stands in the name of Alokesh Barua, Shyamalesh Barua and Arup Barua.