THE COLLECTOR OF KAMRUP Vs. HARENDRA NATH PHUKAN

JUDGEMENT

(1.) THIS appeal is directed against the award of the learned land acquisition Judge, Guwahati in Misc. (Ref) case No. 41/78. The said award was made by the learned Judge on 20 -5 -81. This appeal is by the Collector.

(2.) THE claimant before the land acquisition Judge, who is the Respondent herein was the owner of 1 katha 13 lechas of land at Bamunlmaidan, Guwahati. It is not disputed that the State government took possession of the land in 1959 without any formal order or notification under any law. Mr. Singh learned advocate states that it was so taken as the Collector was of the opinion that the land be longed to the State. The Respondent approached this Court and it directed the State to take appropriate action under the law. Accordingly on 21.4.73 notification under Section 4 of the Land Acquisition Act, 1894, for short the Act, was issued and by the same notification State Government also invoked the powers under Section 17(4) of the Act. On the same day declaration under Section 6 of the Act was also made. The learned Collector made an award on 15.9.78 and the land was assessed at Rs. 10,000/ - per katha. This value was increased by the impugned judgment by the learned land acquisition Judge to Rs. 15,000/ - per katha. The learned land acquisition Judge awarded interest under Section 34 of the Act at the rate of 6% from the time to taking possession which is in 1959 till the date of award which was 15.9.78.

(3.) I have perused the impugned judgment and other relevant records and I am satisfied that the amount of Rs. 15,000/ - per katha as compensation was fair and adequate.