UNION OF INDIA Vs. MOINUDDIN MAZUMDER

JUDGEMENT

(1.) Heard Ms. A. Gayan, learned counsel for the appellant. Also heard Mr. G.N. Sahewalla, learned senior counsel assisted by Ms. S. Kakati, on behalf of the respondents.

(2.) A plot of land measuring 6 bighas 14 kattas and 5 chattaks of village Polarpar in the district of Hailakandi was acquired for the benefit of the requiring department i.e., GREF. It is stated that the 11 respondents herein are owners of the aforesaid 6 bighas 14 kattas 5 chattaks land and in the resultant Land Acquisition Case being L.A. case No.14/95., the Land Acquisition Officer had awarded compensation at the rate of 9,000/- per bigha. The respondent land owners accepted the said compensation with protest. In the resultant situation a reference case was instituted under Section 18 of the Land Acquisition Act of 1894 for enhancement of the award of the compensation. Consequent thereof, Misc (L.A.) Case No.137/2003 was registered in the Court of the District Judge, Hailkandi.

(3.) The said reference case was adjudicated by the Judgment dated 28.11.2005 wherein the value of the land was enhanced from Rs. 9,000/- per bigha to Rs. 60,000/- per bigha. In course of the reference proceeding the respondents through the respondent No.1 had produced 6 number of sale deeds which were exhibited as ext-1 to ext.6. It is noticed that amongst the sale deeds so exhibited, some of the sale deeds pertain to a very small area but on the other hand, two of the sale deeds pertain to an area which is around 12 kattas.