The appeal was finally disposed of by the High Court vide order dated 13th August, 1998.
After examination of the evidence, the learned Reference Court determined the market value of the land at Rs.36,600/ value of the houses at Rs.1,88,000/ damages on account of removal of houses at Rs.15,087.00 interest on the difference on the amount of Award made by the Collector from the date of possession of the land i.e. with effect from 7th March, 1988 9 per annum and Solatium 30 on the market value of the land.
The Land Acquisition Collector made an Award in the case of the appellants whereby land was assessed Rs.3804/ per Bigha of Basti Sali and Rs.15,953/ per Bigha of Road side land trade site land.
Act, 1964 was issued by the Collector, Dhubri and possession of subject land was taken over by the Collector on 7th March, 1988.
The appellants also filed cross objections in the High Court and sought enhancement of the companypensation fixed by the Reference Court.
The total Award made in favour of the appellants on 2nd April, 1991 was for a sum of Rs.46,118.40 including companypensation for Zirut.
The directions regarding rate of interest and solatium were number interfered with number was companypensation for Zirut upset.
The Division Bench fixed the rate of the companypensation for the acquired land at Rs.20,000/ per bigha.
Insofar as companypensation for the houses is companycerned, the same was companypletely negatived and instead a sum of Rs.37,000/ being 20 of the valuation of the houses fixed by the District Court was awarded as just and proper companypensation towards the loss and removal companyts of the houses.
The appellants were also awarded a sum of Rs.15,087.10 for demolition and removal of the malba of the houses belonging to the appellants, which were standing on that land.
The Division Bench of the High Court, vide order dated 7th February, 1996, while directing respondents to deposit 50 of the amount awarded by the District Judge, Dhubri alongwith interest calculated till 30th April, 1996, permitted the appellants to withdraw the amount so deposited.
The preliminary Notification under Section 6 1 of the Assam Land Requisition etc.
Evidence was led before the Reference Court of the learned District Judge, Dhubri by the parties.
The appellants sought a Reference under Section 18 of the Land Acquisition Act, 1894.
The order of the Reference Court dated 22nd August, 1994 was put in issue by the State before the Gauhati High Court.
The appellants have put the order of the High Court in issue.
The application, for bringing on record legal representatives of petitioner NO.2, is allowed.
The amount of companypensation, on account of Zirut, as made by the Collector, which was included in the detailed Award, was upheld.
This appeal arises out of land acquisition proceedings.
Delay companydoned.
Leave granted.
Legal representatives are brought on record.
The amount was accepted by the appellants under protest.
They are present and represented.
