68
HEMENDRA PRASAD BARUAH
\'.
THE COLLECTOR OF SIBSAGAR, ASSAM
July 22, 1975
[A. N. RAY, C.J., K. K. MATHEW, V. R. KRISHNA IYER AND
S. M. FAZAL ALI, JJ.)
Assa1n Land (Requisition and Acquisition) Act, 1948 (Assam Act XXV
of I948) Section 1(1A)-Acqulsition df land !Ying
unused-Appellant, if
entit~.i to larger scale of co111pensation.
A
B
100 bighas of land lying unused were requisitioned by Government to
settle landless people.
The appellant, a tea planter, willingly surrendered the
same.
But, \Vhen the s_tate proceeded to acquire the land under s. 7 ( lA) ot'
the Assam Land (Requisition and Acquisition) Act, 1948 he disputed the
C
payment of lesser scale of compensation prescribed under s. 7(1A) of the Act.
'fhe Courts below concurrently held against him.
Dismissing the appeal,
HELD : The simple statutory test that settles the issue is to find out whether
the land acquired is lying fallow or uncultivated.
If it is, a small compen-
isation alone is awardable, as laid down in s. 7(1A) of the Act.
On the other
hand, if it is tea garden, the quantum is as under s. 23 of the Land Acquisition
D
Act, 1894.
Plethora of evidence adduced in this case clearly proceeds o-n
the basis that the land in question is fallow.
The High Court has, therefore,
rightly held that s. 7(IA) appropriately applied to this case. [68H-69B]
CrvIL APPELLATE JURISDICTION : Civil
Appeal
No. 1264 of
1969.
Appeal by certificate from thq judgment and order dated the 12th
Feb., 1968 of the High Court of Assam and Nagaland at Gauhati in
First Appeal No. 21 of 1963.
D. Mookherjee and S. K. Nandy, for the appellant.
M. ll. Chowdhury and S. N. Chowdhury, for the respondent.
The Judgment of the Conrt was delivered by
KRISHNA IYER, J .-The concnrrent conclusions of fact reached by
both the courts below regarding the quantum of compensation payable
to the appellant on the acquisition of his land for •a public purpose by
the State are assailed by Shri D. Mukherjee before us on the ground
that the amount is grossly inadequate.
Having heard him in the light
of the High Court's reasonings, we are persuaded to affirm the finding.
100 bii;!ras of land belonging to the appellant (a Tea Planter) were
first requisitioned by Government to settle landless people and the
owner 'gladly' agreed to surrender the area which, on his own showing,
was lymg unused.
Later, the State proceeded to acquire the land under
s.7 (lA) of the Assam Land (Requisition and Acquisition) Act, 1948
(Assam Act XXV of 1948) . The sole dispute turns on whether the
lesser scale of compensation prescribed under s.7(1A) or the larger
one stipu1'ated under s.7(1) is attracted to the situation. The simple
statutory test that settles the issue is to find out whether the land
acquired is lying fallow or uncultivated. If it is. a small compensation
alone is awardable, as laid down in s.7(1A) of the Act.
On the other
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A
B
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H. P. BARUAH v. COLLECTOR, SIBSAGAR (Krishna Iyer, J.)
6 9
hand. if it is ten garlien, the quantum is as under s. 23 of the Land
Acquisition Act, 1894.
This decisive factor lends itself to easy deci-
sion, because a plethora of evidence, to most of which the appellant is
a party, proceeds on the basis that the land in question is fallow. The
High Court has collected and considered the prior sllltements and other
materials leading to the reasonable holding that s.7(1A) appropriately
applied to this case. It follows that the appeal has no merit and
deserves to be dismissed.
We order both parties to bear their respective costs.
Subject to
this direction, the -appeal is dismissed.
V.M.K.
Appeal dismissed.
Lex