The rights of a requiring body in land acquisition proceedings include the right to be heard and participate in determining compensation.

ORDER :

1. Heard Mr. C.P. Sharma, learned Senior Counsel, assisted by Mr. T. Marngar, learned counsel for the appellant. And also heard Mr. K. Bhattacharyya, learned Government Advocate for the respondent Nos.1 to 3 and Mr. D.C.K. Hazarika and Ms. J. Bezbaruah, learned counsel for the respondent Nos.4 to 30.

2. This appeal, under Section 54 of the Land Acquisition Act is directed against the judgment and order dated 04.03.2024, passed by the learned Additional District Judge, Biswanath Chariali, (‘Reference Court’ for short) in Misc. (Land Acquisition) Case No.1/2019. It is to be mentioned here that vide impugned judgment and order, the learned Reference Court had directed the authority to pay compensation to the respondent Nos.4 to 30.

3. The background facts leading to filing of the present appeal is briefly stated as under:-

“The appellant herein is a Public Sector Undertaking engaged in the business of establishing transmission systems and inter-state transmission of electricity, under the Electricity Act, 2003. For construction of 800 KV HVDC Sub-Station at village Nij Baghmari, Mouza-Baghmara, under Biswanath Revenue Circle, the appellant herein, vide its letter No.NEBLP/DHO/HVDC/LAND/342(A), dated 31.07.2006, had applied to the Deputy Commissioner, Sonitpur, Tezpur, for allotment of certain portion of land inclusive of Government land, measuring 254 bigha, under Dag No.74, located at village Nij Baghmara, Mouza-Baghmara under Biswanath Revenue Circle, District-Sonitpur. Thereafter, land acquisition proceedings were initiated by the State respondents and among other categories of land, there were lands of 27 small tea growers who had been allotted the land for tea plantation under the welfare scheme of Govt. of Assam and an adequate compensation of Rs.60,000/- each only, in the form of shifting grant was paid to them and the determination of the compensation was made keeping in view the provisions of Assam Land Revenue Regulation, 1886. In fact the affected small tea growers, 27 in number, were not the actual and legal owner of the land in question and as such, they are not entitled for the compensation as paid to full-fledged landowners and thereafter, the respondent Nos.4—30 had preferred one writ petition before this Court, being WP(C) No.5529/2009 for payment of the land compensation, which was later withdrawn with a liberty to file afresh. Thereafter, the respondent Nos.4—30 had filed a fresh writ petition, being WP(C) No.856/2019, wherein this Court vide order dated 08.02.2019, had granted liberty to the petitioner to file a written application to the Collector, Biswanath Chariali under Section 18 of the Land Acquisition Act , 1894 and further directed that if such application being filed, the same shall be considered on merit and the Collector may make a reference to the Principal Civil Court, having jurisdiction. The appellant herein, though impleaded as respondent No.5 in the WP(C) No.856/2019, yet, no notice was issued to the appellant in the said writ petition and further, the respondent Nos.4—30 after getting the liberty from the High Court preferred an application before the Collector, Biswanath Chariali, being a petition for reference under Section 18 of the Land Acquisition Act , 1894 on being aggrieved and dissatisfied with the amount of compensation so received. Thereafter, the Deputy Commissioner, Biswanath, admitted the petition as presented by the respondent Nos.4—30 and then referred the matter to the learned District & Sessions Judge, Sonitpur, Tezpur and vi