Compensation for land acquisition must reflect fair market value and account for all property losses, including fisheries, with judicial review holding authorities to provide adequate justification for assessments.

JUDGMENT :

Susmita Phukan Khaund, J.

Heard learned counsel Ms. S. Dasgupta for the appellants and learned Additional Senior Government Advocate Ms. D.D. Barman for the respondent State.

2. The appellants have preferred this appeal under Section 54 of the LAND ACQUISITION ACT , 1894, challenging the impugned judgment and order dated 07.06.2018 passed by the learned District Judge, Hailakandi, in Misc (L.A.) Case No. 2 of 2007.

3. The genesis of the case is that the Secretary to the Government of Assam, Revenue (LR) Department, Dispur, issued a notification dated 28.11.2003 for acquisition of land belonging to the predecessor of the appellants Late Abani Kanta Singha, situated at village Polarpar, Porgona Hailakandi, district Hailakandi, Assam, appertaining to Dag No. 192(Kha), Dag No. 152 (Ka) and Dag No. 153 (Ka) and Dag No. 193 for the purpose to construct approach road to the bridge over the Pola river, Silchar-Badarpur road (Annexure-1).

4. The Deputy Secretary to the Government of Assam, Revenue (LR) Department, Land Acquisition Branch, Dispur, issued a declaration dated 31.08.2004 under Section 6 of the LAND ACQUISITION ACT , 1894 (the Act of 1894 for short) for acquisition of the aforementioned land ad measuring 14 Kathas situated at village Polarpar, Porgonna Hailakandi, with reference L.A. Case No. 8/1998 in the Office of the District Collector, Hailakandi (Anneuxre-2).

5. The District Collector i.e. the Deputy Commissioner, Hailakandi, thereafter, on 12.10.2004, estimated the probable cost of acquisition of the land with reference declaration dated 31.08.2024 at Rs.11,25,413/- (Rupees Eleven Lacs Twenty Five Thousand Four Hundred and Thirteen) for the purpose of payment of compensation and accordingly, allowed payment of an amount of Rs.38,993.75/- (Rupees Thirty Eight Thousand Nine Hundred Nine Three and Seventy Five Paisa) only, to the appellants as compensation for land calculated @ Rs.34,000/- (Rupees Thirty Four Thousand) per bigha without the compensation for loss of the trees, buildings etc. situated over the land i.e. Zirat value of the property over the said land. The amount of Rs.7,53,550.75/- (Rupees Seven Lacs Fifty Three Thousand Five Hundred Fifty and Seventy Five Paisa), which was allowed to be paid for compensation for loss of the trees, houses etc. standing over the aforesaid land, and an amount of Rs.2,37,763.35/- (Rupees Two Lacs Thirty Seven Thousand Seven Hundred Sixty Three and Thirty Five Paisa) was estimated to be paid as additional compensation over and above the market value and an amount of Rs.95,105.34/- (Rupees Ninety Five Thousand One Hundred Five and Thirty Four Paisa), was required to be paid in addition to market value of the land @12% in the case of an award i.e. a total of Rs.11,25,413/- (Rupees Eleven Lacs Twenty Five Thousand Four Hundred and Thirteen) as estimated above was further not paid to the appellants.

6. The Office of the Deputy Commissioner, Hailakandi, thereafter, published the Zirat list dated 30.10.2004 for payment of compensation to the predecessor of the appellants for loss of the fishery amounting to Rs.2,24,726/- (Rupees Two Lacs Twenty Four Thousand Seven Hundred and Twenty Six) only, which do not correspond to the earlier estimate dated 12.10.2004 prepared by the Deputy Commissioner, Hailakandi.

7. The Deputy Secretary to the Government of Assam, Revenue (LR) Department, Dispur, vide letter dated 17.02.2025, approved the estimate for forwarding an amount of Rs.11,25,413/- (Rupees Eleven Lacs Twenty Five Thousand Four Hundred and Thirte