UNION OF INDIA Vs. COLLECTOR

JUDGEMENT

(1.) Heard Ms. P. Baruah, learned counsel for the appellant. I have also heard Mr. G. Bordoloi, learned Govt. Advocate appearing for the Collector, Kamrup and Mr. N. Alam, learned counsel representing the private respondents in all these appeals.

(2.) These appeals have been preferred against the common judgment and order dated 09-07-2015 passed in connection with Misc. (Ref.) 162/2014 (new)/ Misc. (Ref.) Case No. 01/2010 (old); Misc. (Ref.) 163/2014 (new)/ Misc. (Ref.) Case No. 02/2010 (old); Misc. (Ref.) 164/2014 (new)/ Misc. (Ref.) Case No. 03/2010 (old) and Misc. (Ref.) 165/2014 (new)/ Misc. (Ref.) Case No. 04/2010 (old), whereby, the learned District Judge had enhanced the compensation fixed by the Collector @ Rs. 2,60,000.00 per bigha to Rs. 8,00,000.00 per bigha. Since common question of fact and law arises for decision in these cases, hence, I propose to dispose of these appeals by this common order.

(3.) It appears that the private respondents herein were the owners of various plots of patta lands situated in Village- Barsil, Mouza- Pub Borigog, falling under the revenue circle Rangia in the district of Kamrup. By issuing a notification dated 30-07-2008 under Sec. 4 of the Land Acquisition Act, 1894 (herein after referred to as the Act of 1894), the Govt. of Assam had initiated a proceeding for acquisition of land measuring 24B-03K-16L (3.31 Hectors) situated at Village- Barsil under Pub Borigog Mouza which included the patta land of the private respondents herein. The land was required for the purpose of construction of 33 Bn., Sashastra Seema Bal (SSB) Head Quarter. Aggrieved by the amount of compensation fixed by the Collector, the respondents had made a request to refer the matter to the court of learned District Judge, Kamrup under Sec. 18 of the Act of 1894 and accordingly, the four reference cases, as noted above, came to be registered.