1. Heard Mr. A.D. Chaudhury, learned counsel appearing on behalf of the appellant. Also heard Mr. S.K. Medhi, learned senior counsel assisted by Mr. A. Das, learned counsel appearing for the respondents.

2. By this common judgment the aforesaid Land Acquisition Appeals are disposed of.

3. The land covered under these appeals were acquired under the same Notification No. RLA/155/94/21-22(A) dated 18.7.1996 under section 4(1) of the Land Acquisition Act, 1894 (‘the Act’) by the Government of Assam for construction of 220 K.V. Sub-Station by A.S.E.B. in L.A. Case No. 18/1993. The declaration under section 6 of the Act was issued on 19.9.1996.

4. The said 35 bighas, 1 katha, 10 lechas of land covered by various dag and patta numbers of village Sarusajai under Beltola Mauza, district Kamrup was initially requisitioned in the year 1985 and thereafter the acquisition proceeding under the Act was initiated by issuing notification under section 4(1) of the Act on 18.7.1996. The award thereafter was passed by the Collector, Kamrup fixing the market value of the acquired land at Rs. 20,000 per katha for giving compensation to the present respondents for the land so acquired. It is pertinent to mention here that the possession of the land so acquired was handed over to the appellant-Assam State Electricity Board (‘ASEB’) on 11.9.1985 where after the said appellant started construction over the said land. On demand a very nominal amount was paid as only recurring compensation to the private respondents for the period from 11.9.1985 to 30.6.1994. After fixation of the market value of the acquired land @ 20,000 per katha, the present private respondents accepted the amount awarded by the Collector under protest and preferred application under section 18 of the Act. The Collector referred the petition to the learned District Judge, Kamrup at Guwahati. The claimants/respondents claimed compensation @ Rs. 1,00,000 per katha with additional compensation under section 23(1A) and 23(2) of the Act alongwith other reliefs. The respondent Smt. Renu Baishya, the respondent No. 1 in LA Appeal No. 9/2010 was the petitioner in Reference Case No. 36/1998, Sri Kumud Bora, the respondent No. 1 in LA Appeal No. 10/2010 was the petitioner in Ref. Case No. 43/1999, on the death of the Sewali Prabha Dutta her legal heirs Himangsu Dutta and Suman Dutta, the respondent Nos. 1 and 2 in LA Appeal No. 11/2010 were the petitioners in Reference Case No. 35/1998 and Ramesh Tumung, the respondent No. 1 in L.A. Appeal No. 21/2010 was the petitioner in Reference Case No. 3/1999. On the basis of the petition amongst other issues, the following issue was framed for determination by the learned reference court:

“Whether the compensation awarded by the Collector for the acquired land of this case fair, adequate and reasonable, if not what will be the fair, adequate and reasonable compensation for the same?”

5. In the aforesaid reference cases, the respective respondent No. 1 in the present appeals in common, examined as many as three witnesses including the respondent No. 1 of LA Appeal No. 21/2010 as PW 3, Lat Mandal as PW 2 and the Senior Asstt. of the Land Acquisition Office as PW 1 and exhibited number of documents in support of their claims. On the other hand respondent No. 1 in Reference Case No. 43/1999 as the petitioner examined two witnesses and exhibited certified copies of two judgments passed in other reference cases in support of his claim. Vide judgment dated 31.3.2005 in Ref. Case No. 43/1999 and vide common judgment dated 24.12.2003 in Ref. Case Nos. 3/1999, 35-36/1998, the amount of compensation was enhanced to Rs. 1,00,000 per katha along with other compensation.

Against the aforesaid judgments passed in Ref. case Nos. 43/1999, 35/1998, 36/1998 and 3/1999 the present appellant preferred LA Appeal Nos. 11-14/2007 before this court and by common judgment dated 12.2.2009 in the said LA appeals, this court set aside the award dated 24.12.2003 and 31.3.2005 p