The deemed decree dated 22.12.2004 passed by Reference Court under Section 18 of the Land Acquisition Act, 1894 has been brought under challenge in this first appeal by the claimant. The Collector assessed compensation of the acquired land at Rs. 16,000/- per katha which the learned Reference Court enhanced to Rs. 50,000/- on consideration of the evidence on record. Not satisfied with such enhancement, claimant has approached this Court by preferring this first appeal claiming that the market price at the relevant time was not less than Rs. 1,00,000/- per katha.

2. The Collector, Kamrup issued two notifications on 22.09.1994 and 22.11.1996 under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act’) for acquisition of a plot of land measuring 6 bigha 4 katha 3 lecha covered by Dag No. 84 of K.P. Patta No. 266 of village Betkuchi belonging to the claimant and others. L.A. Case No. 9/1993 was registered thereby and subsequently on 06.01.1997 notification under Section 6 of the Act was issued. In the mean time, Collector took over possession on 22.11.1996 from the occupants. This acquisition of land was for the public purpose of Indian Oil Corporation. A proceeding under Section 9 was thereafter followed and the Collector basing on a sale deed of the year 1989-90 assessed the market price of the land at Rs. 15,603.92 per katha. However, he invited the owners to collect the compensation assessed at Rs. 16,000/- per katha by rounding off the figure. The present appellant accepted the amount with protest and prayed that the matter be referred to the Collector under Section 18 of the Act for proper assessment of compensation. It is on such prayer of the claimant, Misc. (Ref.) Case No. 103/2000 was registered before adhoc Additional District Judge at Kamrup.

3. Upon pleadings of both sides, the learned Reference Court framed as many as 4 issues which are quoted below:

i) Whether the compensation assessed by the Collector for acquired land and jirat, was fair and adequate if not what should be the fair and adequate compensation payable to the claimant?

ii) Whether the claimant is entitled to get additional compensation U/S 23 of the Act, as amended on the amount fixed?

iii) Whether the claimant is entitled to get interest on the unpaid amount from the date of award till the date of payment?

iv) To what relief or reliefs the claimant is entitled to?

4. The claimant examined 3 (three) witnesses and adduced documentary evidence including a certified copy of sale deed of the year 2000 to show that the value of the land soared as high as Rs. 1,40,000/- per katha by that time.

5. The PW 2 was the claimant himself and he stated that he owned entire land measuring 6 bigha 4 katha 3 lecha described above and that he was growing paddy on the land. After the land has been acquired for use by the Indian Oil Corporation, he has been deprived from the means of livelihood. According to him, assessment of valuation by the Collector at Rs. 15,603.92 per katha is much below the market price. He proved the sale statement as Ext. 4, two notifications under Section 4 as Exts. 1 & 2 and notification under Section 6 as Ext. 3. He stated that the acquired land is situated near National Highway No. 37 and it is within the municipal area. He claimed further that at the time of acquisition of land, the value was between Rs. 80,000/- to Rs. 1,00,000/- per katha but the Collector assessed the same at as low price as Rs. 15,603.92 without any basis. He exhibited Ext. 7 sale deed dated 23.06.1999 to show that a plot of land measuring 3 katha 15 lecha covered by Dag No. 397 and 398 of Patta No. 187 was sold to one Sri Kripal Singh at a total consideration of Rs. 3,75,000/- which means that the price per katha was about Rs. 95,000/-. Similarly, he proved certified copy of sale deed dated 10.10.2000 as Ext. 8 which shows that 2 kathas of land covered by Dag No. 988 of Patta No. 215 of the same locality was sold at a total consid