MURALIDHAR BARUA Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY this judgment we propose to dispose of two applications under Article 226 and/or Article 227 of the Constitution of India directed against the order of the District Judge at Jorhat dated 30-11-1973 passed in Misc. Case Nos. 23 and 24 of 1974 which arose out of two applications under Section 18 of the Land Acquisition Act, 1894 and were heard analogously. By the impugned order the learned District Judge directed the parties to adduce further evidence before him to enable him to determine the value of the acquired lands as a Tea Estate. The relevant facts may be stated, in brief, as below.

(2.) UNDER five different Notifications under Section 4 (1) of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) - all dated 9-1-1967, the Government of Assam acquired in all 1077 bighas 1 katha 17 lechas of land situate at several villages, namely, Bamchuk, Rangaihabi, Chutiakari and Nawsalia in mauza Charaibahi and village Saliha in mauza Khangia, near Jorhat town, for defence purpose, Similarly, five declarations under Section 6 of the Act were issued on 19-6-1967 - and duly published in the Assam Gazette. The Collector started Land Acquisition Case No. 21 of 1965-66 relating to all these Notifications. Of the acquired lands the Rowriah Estates Private Ltd.-petitioner in Civil Rule No. 26 of 1974 (hereinafter referred to as the petitioner company) claimed 1072 B. 3 k. 8 lechas of land including the trees and buildings thereon as comprised in their tea estate known as Rowriah Tea Estate and claimed compensation to the tune of Rs. 1,18,06,540/-. Shri Muralidhar Barua petitioner in Civil Rule No. 25 of 1974 (hereinafter referred to as Shri Barua) claimed an area of 4 b. 3 k. 9 lechas of land with the buildings standing thereon and he claimed Rs. 1,04,305/- as compensation. After due enquiry, the Collector, by his award dated 20-9-1969, awarded total sum of Rupees 6,74,095.50 as compensation to the petitioner Company for its lands, buildings and trees. Shri Barua was awarded a sum of Rs. 13,800/as compensation for 3 bighas of land, comprised in a periodic patta and another sum of Rs. 12,080.75 p. for the house standing therein. No compensation was awarded in respect of 1 B. 3 k. 9 lechas of land which was covered by an annual patta. Being aggrieved by the award of the Collector, both the petitioners filed two separate applications under Section 18 of the Act and the Collector referred the same to the District Judge at Jorhat for determination of the compensation.

(3.) AFTER the evidence was closed the learned District Judge started hearing arguments in the cases from 28-11-1973. In course of his argument on 29-11-1973 the learned Government Advocate raised a contention that in the acquisition proceedings the entire Rowria Tea Estate was acquired as a unit and not the lands of the tea estate and, therefore, compensation should be awarded on that basis. In spite of serious objections from the learned counsel for the petitioners the learned District Judge, after having gone through certain unproved documents in the file of the Collector, accepted the contention of the learned Government Advocate and by his order dated 30-11-1973 directed the parties to adduce further evidence for determination of the market value of the Tea Estate observing, inter alia, as below :-