COLLECTOR NAGAON Vs. LAKHESWAR BHATTACHARYYA

JUDGEMENT

(1.) Both these appeals arise out of judgments delivered by reference Court in two references made by the Collector under Section 18 of the Land Acquisition Act. First Appeal No. 13/90 arises out of judgment dated 10.4.89, passed by reference Court (Asst. District Judge, Nagaon) in Ref. Case No. 8/87. While F.A. 14/90, arise out of judgment dated 10.4.90, passed by the same judgment in Reference Case No. 9/87.

(2.) In both the cases, the collector, Nagaon, acquired for defence purpose large areas of cultivable land, ad measuring more than four hundred Bighas situated in village Kelidon mouza Chetial of Nagaon district being subject matter of appeal No. 13/90 and awarded compensation at the rate of Rs. 700/- per bigha which has been enhanced to Rs. 3,000/- per bigha by the Reference Court, hence this appeal No. 13/90 and 232 Bighas 1 Katha and 5 Lechas situated in village Amlukhi Mouza Rangagarh Nagaon (being subject matter of Appeal No. 14/90) and awarded compensation at the rate of Rs. 100/- per bigha, which has been enhanced to be Rs. 3,000/- per bigha by the Reference Court. Hence this appeal No. 14/90.

(3.) The impugned judgments have been inter alia challenged by the appellant on identical grounds that the judgment is nothing but a mere ipse dixie of the judge, not assigning any reasons for his findings. The basic principles which should have followed in determining the market value of the land have not been adverted to rather there is absolutely no indication in the impugned judgment that the sale deeds as produced by the claimants are comparable in size, situation, nature, and quality, with land acquired and that such transactions were close in proximity of the tune when notification under Section 4 of the Land Acquisition Act was issued, which in the instant case was admittedly in the year 1974, while the sale deeds as produced in both the cases, relate to the years beyond 1983-84.