IMPORTANT POINT
Dismissal of SLP against main judgment of High Court would not constitute res-judicata when SLP is filed against order passed in review petition provided the review petition was filed prior to filing of SLP against main judgment of High Court.

JUDGMENT

Srikrishna, J.-This is an appeal by special leave against the judgment of the Guwahati High Court dated 25.8.1999 dismissing a review application taken out by the appellant.

2. At the outset, by I.A. No. 3 of 2003, the respondents sought revocation of the special leave granted in the civil appeal on the ground that it is barred by res judicata or principles analogous thereto. It would be necessary to appreciate the facts in order to evaluate this preliminary objection.

3. The appellant is a partnership firm, which owns a tea estate known as Rajabari Tea Estate situated in the District of Golaghat, Assam. Its business consists of running the tea estate and the production and sale of tea. The tea estate owned by the appellant was about 1800 bighas [1 bigha is approximately 14,400 sq. feet or about 1/3rd of an acre] and employed about 170 workmen and other staff required for the management of the estate. It also had a tea-manufacturing establishment on its premises.

4. A large portion of the tea estate was intended to be acquired by the Government of Assam for the construction of an oil refinery. On 17th August 1992, the State Government sent a proposal to the Collector, Golaghat for the acquisition of the required area of land for the construction of the Numaligarh Oil Refinery. The proposal was for acquisition of 681 bighas and 1 katha along with tea bushes, drainage system, garden, roads, sheds and the trees standing on the land. Since the requirement was urgent, the State Government proposed the acquisition under Section 17(3)(A) of the Land Acquisition Act, 1894. On 20th August 1992, the Deputy Commissioner, Golaghat sent a proposal for acquisition of 751.30 acres of Government land and Patta land for the Numaligarh Oil Refinery Plant site. He requested the Government to approve of the uniform bigha rate of Rs. 55,000/-, irrespective of class, for both Government and patta land.

5. By the letter dated 10th September 1992, the Addl. Secretary to the State Government conveyed the approval of the Government for the proposal for the fixation of uniform rate of Rs. 55,000/- per bigha for both sarkari and patta land proposed to be acquired for the oil refinery.

6. By a letter dated 7.8.1992, the Deputy Commissioner, Golaghat made a preliminary estimate of the amount at Rs. 5,96,42,853/- for payment as compensation and requested that this amount be placed at the disposal of the Collector, Golaghat.

7. On 4th November 1992, a notification under Section 4 of the Land Acquisition Act, 1894 was published in the Official Gazette.

8. On 25th February 1993, a meeting was held with the Chief Minister, the Revenue Minister and top officials of the State Government including the Chief Secretary and Secretaries of other concerned Departments. The Chairman and Managing Director of IBP assisted by Senior Executives were also present. In the meeting it was decided that for patta land the compensation payable should not exceed Rs. 55,000/- per bigha (all inclusive). The Addl. Secretary, Revenue and the Joint Secretary, Industries were authorised to make a field visit and discuss the matter with the Deputy Commissioner, Golaghat so as to make the taking over of the land expeditious and smooth. It was decided that if this team arrived at a decision to pay Rs. 55,000/- per bigha, then the Deputy Commissioner would complete formal proceedings and the compensation would be paid through the Deputy Commissioner. In case the negotiations could not arrive at Rs.55,000/- per bigha (all inclusive), then in that case the land acquisition proceedings would continue. In respect of Government land, it was decided that the premium would be fixed at Rs. 35,000/- per bigha. Certain other details of the transaction were also decided therein, which are not material at this stage.

9. While the State Government had decided that it would go up to Rs. 55,000/- per bigha for patta land and Rs. 35,000/- per bigha for Government land, the appellant was not agreeable to the