SHYAM SUNDER BHARTIA Vs. ACCOUNTANT GENERAL AANDE ASSAM

JUDGEMENT

(1.) The issues being common and arising out of the aforementioned two appeals preferred against the judgment and order dated 3.5.2006 passed by the learned Additional District Judge, Kamrup, Guwahati in Reference Case Nos. 17 of 2005 and 18 of 2005 pertaining to the Land Acquisition Case No. 21/1991 of Kamrup (Metro.), these were heard analogously and are being disposed of by this order.

(2.) I have heard Mr. T. Islam, learned counsel for the applicants in Misc. Case Nos. 4380/07 and 4381/2007 who incidentally are the appellants, as well as Mr. M. R. Pathak, learned counsel for the applicants in Misc. Case Nos. 3295/07 and 3296/07 respondents in the appeals.

(3.) The admitted background of facts needs narration in brief. The Collector of Kamrup acquired a plot of land measuring about 38 Bighas adjacent to the land of the respondents in the aforementioned appeals and situated at Village - Borsojai, Mouza-Beltola, District-Kamrup under Guwahati Municipal Corporation, Ward No. 34 for the purpose of construction of Staff Quarters of the Accountant General (A&E) Assam with notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 ('the Act'). This was in the year 1989 in LA Case No. 5/1987. The Collector determined the market value of the acquired land at @Rs. 20,000 per katha on which some owners being aggrieved/prayed him to cause a reference to be made under the Act. In Reference Case No. 24/1991, the learned Additional District Judge, Kamrup/Guwahati enhanced the market value of the acquired land to Rs. 1,00,000 per katha. Against the said decision, three appeals were filed before this court, namely - (1) First Appeal No. 61/1996 by the Accountant General (A&E), Assam; (2) First Appeal No. 64/1996 by the Collector, Kamrup; (3) Cross Objection No. 7/1996 by the Claimant/Reference petitioner, namely, Bholaram Agarwal.