Land classification impacts compensation in acquisition cases, with courts required to consider market value evidenced by recent transactions to ensure fair remuneration to landowners.

JUDGMENT :

Susmita Phukan Khaund, J.

1. Heard learned counsel Mr. A. Mannaf for the appellants, namely, (i) Janaki Koch in LA Appeal No. 1/2014, (ii) Dilip Kumar Rabha in LA Appeal No. 3/2014, (iii) Uttam Rabha in LA Appeal No. 8/2014, (iv) Punam Chand Sarmah in LA Appeal No. 64/2014, (v) Prakash Chandra Roy in LA Appeal No. 37/2018, and (vi) Premeswari Rabha in LA Appeal No. 38/2018.

2. These appeals mentioned above are against a common Judgment and Order dated 29.06.2013, in connection with Misc. L.A. Case No. 19/2010 and other Misc. L.A. cases. The appellants named above are aggrieved with the assessed valuation of their land and the award which is a paltry sum as the appellants are rendered landless. It is submitted that the appellants at present have nowhere to go. They have been paid peanuts and the amount paid for acquisition of land by the Revenue Authority is at present not sufficient for their survival.

3. Appellant Janaki Koch was awarded a compensation of Rs. 3,12,400/- along with 30% solatium and an interest of 12% for a parcel of land admeasuring 1B appertaining to Dag No. 319(Pt)P and Patta No. 304;

Appellant Dilip Kumar Rabha was awarded a compensation of Rs. 6,46,668/- along with 30% solatium and an interest of 12% for a parcel of land admeasuring 4B 7L appertaining to Dag No. 49 and Patta No. 247 of Dudhnoi revenue town;

Appellant Uttam Rabha was awarded a compensation of Rs. 1,00,820/- along with 30% solatium and an interest of 12% for a parcel of land admeasuring 1K 18L appertaining to Dag No. 316 and Patta No. 514;

Appellant Punam Chand Sarma was awarded a compensation of Rs. 5,50,000/- along with 30% solatium and an interest of 12% for a parcel of land admeasuring 2B 7L appertaining to Dag No. 35 and Patta No. 75 of the same revenue village, Dudhnoi revenue town, Pt-1;

Appellant Prakash Chandra Roy was awarded a compensation of Rs. 2,20,000/- along with 30% solatium and an interest of 12% for a parcel of land admeasuring 3B 1K 7L appertaining to Dag No. 46 and Patta No. 351; and Appellant Premeswari Rabha was awarded a compensation of Rs. 2,90,532/- along with 30% solatium and an interest of 12% for a parcel of land admeasuring 4K 13L appertaining to Dag No. 37 and Patta No. 250.

4. The appellants are aggrieved by the quantum of compensation as according to them, the land acquired from them is suitable for business purpose. The appellants earnestly pleaded before the Reference Court that the land so acquired was Bhiti land but the learned Court below failed to consider the same and dismissed the Reference cases considering the same as agricultural land as assessed by the Collector. It is submitted that the appellants plots of land are within the heart of the town and they have their residential houses. The potentiality of the appellants land can be assessed by the sale deeds of the land abutting the appellants land which have been furnished in the Reference cases. While fixing the amount payable as compensation, the Deputy Collector assessed Rs. 2,20,000/- per bigha for Bhiti land (residential land) and Rs. 1,50,000/- per bigha for agricultural land along with 30% solatium and 12% interest situated at village Dudhnoi, Goalpara, Assam.

5. The potentiality factor was however disputed by the respondents. The respondent No. 1 filed written statement disputing the potentiality factor and emphasising that the land does not come und