GREEN VIEW TEA AND INDUSTRIES Vs. COLLECTOR GOLAGHAT

JUDGEMENT

(1.) All these three appeals u/s 54 of the Land Acquisition Act, 1894 arise out of the same judgment and award as passed by the learned District Judge, Golaghat in Land Acquisition Case No. 1/95. First Appeal No. 27/97 is filed by the appellant M/s. Green View Tea & Industries as the compensation awarded in respect of the appellants land is less. Appeal No. 32/97 has been preferred by M/s. Numuligarh Refinery Ltd., a Govt. of India Enterprise, against the same judgment and award. It was for this company that the land in question was acquired and as such is interested in the matter. First Appeal No. 33/97 is preferred by the Collector, Golaghat being aggrieved by the same judgment and award of compensation at the rate of Rs. 22,000/- per bigha, for 681 bighas 1 katha of land covered by Dag No. 94 under periodic patta No. 2 of Ouguri Chapari Gaon under Marangi Mouza and at the rate of Rs.75/- per tea bush for 44, 575/- number of tea bushes and directing the opposite party to pay the amount within a period of two months failing which the awarded sum is to carry interest at the rate of 10% P.A.

(2.) Few basic facts may now be noted. M/s. Green View Tea & Industries is a partnership firm, owning tea estate situated under Marangi Mouza in the district of Golaghat. The ownership and management of this tea estate was transferred sometime in the year 1987 and the present owner M/s. Green View Tea & Industries claim to have developed the tea garden, doing its best for development of the tea estate, having a strength of 170 labourers (as claimed) along with other staff members. M/s. Green View Tea & Industries also claimed to have availed M.T. Loan of Rs. 12,49,651.70 paise from the Assam Co-operative Apex Bank Limited for installing a Tea Manufacturing Unit before acquisition of the tea garden. The land measuring 681 Bighas 1 Katha with tea bushes, garden roads, shed trees and other valuable trees were acquired by the .State for the proposed Numuligarh Refinery for which the land was urgently required invoking Section 17 (3) (a) of the Act.

(3.) A notification under Section 4 of the Land Acquisition Act, 1894, for short 'the Act' for acquiring large tract of land including the land belonging to the present appellant, Green View Tea Industries for construction of Numuligarh Refinery was duly published. The Collector, Golaghat made an award determining the compensation @ Rs. 7,000/- per bigha. A reference was made under Section 18 by the Collector, Golaghat to the District Court. The appellant, M/s. Green View Tea Industries is the owner of the Rajabari Tea Estate and the said tea estate is situated at Marangi Mouza in the District of Golaghat is being managed by M/s Green View Tea Industries, a partnership firm through its constituted attorney Shri Rabi Dutta Agarwalla, The land was acquired along with other tract of land including movable and immovable. This estate was purchased by the said partnership firm from Dr. Amrit Ch. Phukan, of Jorhat by registered sale deed No. 1573 dated 7,9.87. The possession thereof was duly handed over to the firm. The area of the land under reference is 680 Bighas and 1 Kama covered by Dag No.94 under periodic Patta No, 2 of Ouguri Chapari Gaon. It is an admitted position that M/s Green View Industries received Rs. 2, 45, 424/- as advance compensation against the amount of compensation determined by the Collector, Golaghat. It is further added that it was received under protest. The land undoubtedly is under possession of the Numuligarh Refinery. The main thrust of appellant, Green View Industries is that not only the Collector, but aJso the Court below did not take into account the documentary evidence placed on record. The price of tea bushes, shade trees etc. have not been properly assessed. Rabi Dutta Agarwalla has been examined as witness No. 1 while Ajijur Rahman, Head Assistant, Office of the Deputy Commissioner, Golaghat has been examined as witness for the Opp-parties,