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1970 Supreme(SC) 397

A.N.GROVER, J.C.SHAH
Collector Of Darrang – Appellant
Versus
Assam Industries Private LTD. – Respondent


Judgment

GROVER, J.: - These two cross appeals have been brought by certificate from a judgment of the High Court of Assam and Nagaland in the matter of compensation awarded for certain land which had been acquired under the Land Acquisition Act, 1894 hereinafter called the Act .

2. On March 11, 1955 a notification was issued under Section 4 of the Act by which an area of 19 Bighas1 Katha and 4 Latchas of land belonging to the Assam Industries (P) Ltd., was sought to be acquired for a public purpose, namely, establishment of Hat or a market. This area included 6 Bighas, 2 Kathas and 17 Latchas which was admittedly being used for purposes of a hat. The Collector gave an award at the rate of Rs. 300 per Bigha for the entire area of 19 Bighas 1 Katha and 4 Latchas. The District Judge on a reference maintained the award. The High Court after taking into consideration the evidence, assessed the value of the area comprising 6 Bighas, 2 Kathas and 17 Latchas at the rate of Rs. 15,000/- per Bigha. With regard to the remaining area it upheld the view of the District Judge that compensation should be awarded at the rate of Rs. 300/- per Bigha. The Collector of Darrang has appealed against tha






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