Heard Mr. G. P. Bhowmik, learned senior counsel assisted by Ms. M. Hore, learned counsel appearing for the petitioner as well as Mr. R. De, learned counsel appearing for the respondents No. 1 to 5. Also heard Mr. M. R. Adhikary, learned Government Advocate along with Mr. M. K. Nath, learned Govt. Advocate appearing for the respondents No. 6 and 7.

2. This is a Land Acquisition (L.A.) Appeal under Section 54 of the Land Acquisition Act, 1894 read with Section 96 and Order XLI Rule I of the CPC. The appeal is against the judgment and decree dated 22.08.2006 passed by the learned District Judge, Dibrugarh in Misc. (L.A.) Case No. 153/2005.

3. The brief facts of the case is that by virtue of L.A. Case No. DRA/22/91 that an area of land measuring 02 Bigha-03 Katha-05 Lecha, covered by Dag No. 195, 196 and Part of 289 of Periodic Patta No. 60 and 67 of Naharkatia Town was acquired for public purposes for setting up of a Telephone Exchange at Naharkatia. The Collector-cum-Deputy Commissioner, Dibrugarh, by his letter requested the Telecom Department through the Telecom District Manager, Dibrugarh to deposit the estimate of Rs.21,16,887/- only at the disposal of the Collect