J.CHELAMESWAR, I.A.ANSARI, A.C.UPADHYAY
Harez Ali – Appellant
Versus
State of Assam – Respondent
A.C. Upadhyay, J.
1. This Full Bench has been constituted to resolve the controversy arising from divergent views expressed by this High Court on construction and interpretation of Sub-section (6) of Section 109 of the Assam Panchayat Act, 1994 (hereinafter referred to as 'the Act'). Though the controversy falls within a very narrow compass of interpretation of expression 'yearly sale value', in 'the Act', nonetheless, it entails a question of public importance in view of the confusion produced by conflicting observations of different Benches of this High Court. The expression, 'yearly sale value' is not defined expression in 'the Act', however, Sub-section (6) of Section 109 of the Act provides that if the 'yearly sale value' of the Hats, Ferries and Fisheries, falling under any Anchalik Panchayat, within the jurisdiction of Zilla Parishad exceeds Rs. 1 lakh, it shall be settled by the Zilla Parishad. The moot question which arises for consideration of this Court in this reference are as follows (i) whether yearly sale value would mean the minimum value fixed by the Panchayat while offering the property for settlement by tender or it is the highest value offered by the pros
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