Compensation for acquired land must assess market value separately from zirat compensation, as dictated by specific sections of the Land Acquisition Act, 1894.

JUDGMENT AND ORDER :

MRIDUL KUMAR KALITA, J.

1. Heard Mr. D. Das, the learned Senior Counsel, assisted by Mr. S. Deka, the learned counsel for the appellants. Also heard Mr. D. Mazumder, the learned Additional Advocate General, Assam assisted by Ms. D.D. Barman, the learned Additional Senior Government Advocate for the State respondents as well as Mr. M. Nath, the learned Senior Counsel, assisted by Mr. A. Bhattacharjee, the learned counsel for the respondent No. 2.

2. This appeal under Section 54 of the LAND ACQUISITION ACT , 1894 has been preferred by the appellants, impugning the judgment and order dated 21.03.2016, passed in L.A. Case No. 44/2010, along with order dated 16.05.2016, passed in Misc. (J) Case No. 17/2016 by the Court of the learned District Judge, Dibrugarh.

3. The facts relevant for consideration of the instant appeal, are that the predecessor-in-interest of the appellants, namely, Bhawani Shankar Bagaria was the absolute owner and possessor of a Tea Estate, namely, Beheating Tea Estate, which consists of several bighas of land, including land measuring 228 bighas 2 kathas 18 lechas under Dag No. 500,501,502,503,504,505,506,507,508,509,510,511,641,642,643,6 44,645,646,647,648,649,650,651,652,653,654,655 and 656 of Patta No. 13OR Grant (B) of village Lepetkata Kachari Gaon of Mankata Khanikar Mouza. The aforesaid land measuring 228 bighas 2 kathas 18 lechas has been acquired by the respondent No. 1 under the provisions of LAND ACQUISITION ACT , 1894 for Gas Cracker Project at Lepetkata, Dibrugarh. The respondent No. 1, i.e. the Collector-cum-Deputy Commissioner of Dibrugarh District, acted as the Land Acquisition Officer and respondent No. 2 is the requisitioning authority for whom the land has been acquired.

4. The predecessor-in-interest of the appellants, namely, Bhawani Shankar Bagaria purchased the aforesaid land from the Upper Assam Tea Company vide registered sale deed No. 2560/1960. It has been alleged that during resettlement operation, the revenue authority fraudulently entered the names of five numbers of person in respect of few bighas of vacant land of the aforesaid Tea Estate and issued katchakhatian in their names. However, on an appeal preferred by the predecessor-in-interest of the appellants the khatian issued in favour of those five persons were cancelled holding them to be the encroachers.

5. In the year 1987 the aforesaid five persons along with seventeen others claimed tenancy khatians in their favour before the Additional Deputy Commissioner, Dibrugarh by filing a Misc. Case No. 70/1987, which was dismissed by the learned Additional Deputy Commissioner, Dibrugarh. Against the said rejection order the aforementioned twenty-two persons preferred a revenue appeal before the Assam Board of Revenue. However, the appeal was also dismissed.

6. In the meanwhile, the Government of Assam proposed to acquire 228 bighas 2 kathas 18 lechas of land of the aforesaid Tea Estate for Gas Cracker Project and accordingly, on 16.11.2000, a notification was issued to that effect under the provision of LAND ACQUISITION ACT , 1894.

7. It is alleged that on coming to know about the proposed acquisition of the aforesaid land some persons forcefully occupied few bighas of land of the aforesaid Tea Estate. Thereafter, the predecessor-in-interest of the present appellants preferred twenty numbers of title suit against the aforesaid encroachers before the Court of the learned Civil Judge, Dibrugarh seeking declaration of right, title a