Point of Law: Clause (a) of Section 12 (1) of Act of 1964 shows that a statutory duty is cast upon Collector in every case where any person aggrieved by an award made.

JUDGMENT :

The petitioner herein is aggrieved by the inaction on the part of the Deputy Commissioner, Kamrup, Amingaon for not referring his request to the Court for determination of the actual market value of the acquired land as mandated under Section 12 (1) (b) of the Assam Land (Requisition and Acquisition) Act, 1964.

2. The record further reveals that for construction of a bridge over the river Brahmaputra connecting Panbazar to North Guwahati, a notification dated 29.05.2018 was issued under the provision of Section 3 (1) of the Assam land (Requisition & Acquisition) Act, 1964 for acquisition of different plots of land as mentioned in the said notification. In terms with the said notification, three plots of land of the petitioner, covered by Dag Nos.984, 985 & 986 of KP Patta Nos.138, 131 & 85 measuring different areas including residential houses, were acquisitioned. Subsequent thereto, separate notices dated 05.02.2019 were issued to the petitioner in LA Case No.17/2018 asking him to hand over the acquired land to the Circle Officer of North Guwahati Revenue Circle.

3. It is the case of the petitioner that the compensation of Rs.25 lakh per bigha which was awarded to the petitioner was not fixed by taking into account the market value of the land in question. It is the specific case of the petitioner that the market value of land at that relevant point of time was Rs.40 lakh per bigha. It is under such circumstances that the petitioner has submitted an application under Section 12 of the Assam land (Requisition & Acquisition) Act, 1964 seeking a reference to the Court to determine the actual market value of the acquired land. It is the further case of the petitioner that although the said application was filed and received as far back on 01.10.2019, but four years have already passed by and the respondent No.3 had not taken any action and the said application continues to remain pending.

4. This Court finds it relevant to take note of Section 12 of the Assam land (Requisition & Acquisition) Act, 1964. Section 12, being relevant, is reproduced herein under:-

“12. Reference to Court.-

(1) The Collector shall in every case-

(a) where any person aggrieved by an award made under sub-section (3) of Section 11 makes an application requiring the matter to be referred to the Court ; or

(b) where there is any disagreement with regard to the compensation payable under Sub-section (4) of Section 11 on the application of the person entitled to compensation requiring the matter to be referred to Court, refer the matter to the decision of the Court .

(2) Subject to the provisions of this Act, the Act provisions of the Land Acquisition Act, 1894, shall 1894 (Act I of 1894), shall mutatis mutandis apply in respect of any reference made to the Court under sub-section (1).”

5. From a perusal of Clause (a) of Section 12 (1) of the Act of 1964 shows that a statutory duty is cast upon the Collector in every case where any person aggrieved by an award made under Sub-section (3) of Section 11 of the Act of 1964 and makes an application requiring the matter to be referred to the Court. In similar terms, as per Clause (b) of Sub-Section (1) of Section 12 of the Act of 1964, when there is any disagreement as regards the compensation under Section 11 (4) of the Act of 1964, the Collector is duty bound under the law to refer the dispute for a decision of the Court. This Court further finds it relevant to observe that as per Sub-Section (2) of Section 12 of the Act of 1964, the provisions of Land Acquisition Act, 1894 was made applicable, subject to the provisions of the Act of 1964. In that view of the matter, the reference so required to be made in terms with Section 12 (1) of the Act of 1964 has to be read along with Part III of the Land Acquisition Act, 1894.

6. In that view of the matter as a statutory duty is cast upon the Collector, i.e. the respondent No.3 was mandated under law to make the reference to the Court in terms with the application dated