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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
PRASANTA KUMAR DEKA, J.
Putul Kachari & Ors. - Petitioners
Versus
State of Assam Represented By the Deputy Commissioner Cum Collector, Goalpara & Ors. - Respondents
LA.App. 63, 4, 7, 66, 68, 65, 67, 5, 2 & 6 of 2014
Decided On : 25-07-2018
Land Acquisition Act - Land Acquisition - Section 18 - Summary of Acts and Sections: The court discussed the Land Acquisition Act, 1894, particularly Section 18, and the assessment of compensation at the rate of Rs.2,20,000.00 per bigha for Bhiti (residential) land and Rs.1,50,000.00 per bigha for agricultural land along with 30% solatium and 12% interest. The court also considered the evidence of sale of similar land and the classification of land as Bhiti land.
Fact of the Case:
The appellants challenged the award of the Deputy Collector, Goalpara in L.A. Case No.5/08-09, which acquired their land based on a government notification. They argued that the acquired land was Bhiti land, situated adjacent to National Highway 37 and within Dudhnoi Revenue Town, but the court failed to consider the potentiality of the land.
Finding of the Court:
The court found that the appellants failed to prove the potentiality of the land and the classification as Bhiti land. It held that the evidence of the appellants was not sufficient to establish the nature of the land and the presence of dwelling houses, and dismissed the reference cases.
Issues: The court framed issues related to cause of action, limitation, adequacy of compensation, just and proper compensation, and relief for the petitioners.
Ratio Decidendi: The court held that the evidence of the appellants was not sufficient to prove the nature of the land and the presence of dwelling houses, and that the classification of the land as Bhiti land could not be established. It also emphasized the importance of supporting evidence and the onus of proof on the respondents.
Final Decision: The court allowed the appeals, holding that the land acquired fell under the classification of Bhiti land and enhanced the value of the land to Rs.2,20,000.00 per bigha. The respondents were directed to satisfy the enhanced value within three months.
Heard Mr. H. Das, the learned counsel for the appellants and Dr. B. N. Gogoi and Ms. S. Chakraborty, the learned Standing Counsel for the respondents, Railway.
2. These appeals are against the common judgment and order dated 29.06.2013 (31.07.2013) passed in L.A. Case No.20, 27, 3, 15, 4, 12, 36, 8, 44 and 11 of 2010 passed by the learned District Judge, Goalpara. The said reference cases under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) were preferred by the respective appellants challenging the award dated 18.12.2009 of the Deputy Collector, Goalpara in L.A. Case No.5/08-09 whereby the said Deputy Collector acquired the land of the appellants on the basis of the Government notification No.RLA-6/2009/4 dated 13.01.2009 and the declaration vide RLA-6/09/7 dated 08.05.2009. The respective L.A. Cases of the appellants, the area of land acquired and the assessed values are given herein below:
CHART OF CASES
Sl. No.
L.A. Appeal No. and Name of the Parties
L.A. Case No.
Total Land
Rate per Bigha (in Rs.)
Total amount (in Rs.)
Date of Judgment
1.
L.A. Appeal No.2/2014
Bimal Kumar Rabha
Versus
State of Assam and Ors.
L.A. Case No.20/2010
i) 1B 15L
ii) 1B 4K
1,50,000/-
2,20,000/-
8,07,270/-
29.06.2013
2.
L.A. Appeal No.4/2014
Dharanidhar Basumatary
Versus
State of Assam and Ors.
L.A. Case No.27/2010
10B
-
31,240/-
29.06.2013
3.
L.A. Appeal No.5/2014
Ganak Chandra Rabha
Versus
State of Assam and Ors.
L.A. Case No.3/2010
i) 1B 5K
ii) 4K 15L
1,50,000/-
2,20,000/-
5,20,430/-
29.06.2013
4.
L.A. Appeal No.6/2014
Kamal Chandra Roy
Versus
State of Assam and Ors.
L.A. Case No.15/2010
1B 1K 15L
2,20,000/-
3,90,500/-
29.06.2013
5.
L.A. Appeal No.7/2014
Someswar Rabha
Versus
State of Assam and Ors.
L.A. Case No.4/2010
2B 4K 15L
2,20,000/-
9,21,580/-
29.06.2013
6.
L.A. Appeal No.63/2014
Putul Chandra Kachari
Versus
State of Assam and Ors.
L.A. Case No.12/2010
i) 1B 15L
ii) 4K 15L
1,50,000/-
2,20,000/-
8,98,150/-
31.07.2013
7.
L.A. Appeal No.65/2014
Kowshalya Rabha
Versus
State of Assam and Ors.
L.A. Case No.36/2010
1K
-
1,66,001/-
31.07.2013
8.
L.A. Appeal No.66/2014
Sanjoy Kumar Kachari
Versus
State of Assam and Ors.
L.A. Case No.8/2010
1B 10L
2,20,000/-
1,15,300/-
31.07.2013
9.
L.A. Appeal No.67/2014
Dharanidhar Basumatary
Versus
State of Assam and Ors.
L.A. Case No.44/2010
3K
2,20,000/-
4,68,600/-
31.07.2013
10.
L.A. Appeal No.68/2014
Raja Basumatary
Versus
State of Assam and Ors.
L.A. Case No.11/2010
10L Bhiti Land
2,20,000/-
78,100/-
31.07.2013
Rs.2,20,000/- per Bigha for Bhiti Land and Rs.1,50,000/- per bigha for Agricultural Land along with 30% solatium and 12% interest situated at village-Dudhnoi in the district of Goalpara, Assam.
3. While fixing the amount payable as compensation the said Deputy Collector assessed Rs.2,20,000.00 per bigha for Bhiti (residential) land and Rs.1,50,000.00 per bigha for agricultural land along with 30% solatium and 12% interest situated at village-Dudhnoi in the district of Goalpara, Assam.
4. The present appellants before the reference court pleaded that the land so acquired was “Bhiti” land but the learned court
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