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1971 Supreme(SC) 98

K.S.HEGDE, A.N.GROVER
Collector Of Lakhimpur – Appellant
Versus
Bhuban Chandra Dutta – Respondent


Judgment

GROVER, J.:- This is an appeal by certificate from a judgment of the High Court of Assam & Nagaland in which the question involved is one of the quantum of compensation for certain land belonging to the respondent which had been acquired.

2. A piece of land measuring 5 Bighas, 4 Kathas and 3 Lechas in Dibrugarh District belonging to the respondent was requisitioned on August 22, 1956 under the Assam Land Requisition and Acquisition Act, 1948, hereinafter called the "Act". By a notification dated September 21, 1962 the said land was compulsorily acquired under the provisions of the Act. The Collector awarded compensation at the rate of Rs. 4583/- per Bigha. The respondent had at first claimed compensation at the rate of Rs.10,000/- per Bigha but after a little over a month he raised his claim to Rs. 15,000/- per Bigha. A reference was sought by the respondent to the District Judge who modified the award of the Collector and held that compensation was payable at the rate of Rs. 5500/- per Bigha. The respondent preferred an appeal to the High Court which enhanced the compensation to Rs. 15,000/- per Bigha.

3. The respondent had relied largely on four sale deeds Exhibits 1, 2, 3





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