This area included 6 Bighas, 2 Kathas and 17 Latchas which was admittedly being used for purposes of a hat.
Acquisition Act 1894, hereinafter called the Act.
The Collector gave an award at the rate of Rs.
As regards the hat area of 6 Bighas, 2 Kathas and 17 Latchas evidence of three sales was adduced.
15,000/ per Bigha.
1,000/ .
Moreover the potential value has been companypletely ignored by the High Court.
The Collector gave an award at the rate of Rs.
The District Judge on a reference maintained the award.
The District judge on a reference maintained the award.
700/ .
15,000 per Bigha whereas the companypany has appealed against the companypensation awarded for the entire area of 19 Bighas, 1 Katha and 4 Latchas.
The first sale took place on February 14, 1955.
1500/ .
300/ per Bigha.
On October 30, 1956, 3 Latchas were sold for Rs.
On March 11, 1955 a numberification was issued Under Section 4 of the Act by which an area of 19 Bighas 1 Katha and 4 Latchas of land belonging to the Assam Industries P Ltd, was sought to be acquired for a public purpose, namely, establishment of a Hat or a market.
300 per Bigha for the entire area of 19 Bighas 1 Katha and 4 Latchas.
300 per Bigha for the entire area of 19 Bighas 1 Katha and 4 Latchas.
In the sale deed certain houses were also shown to be standing on the land sold.
8752/ .
The High Court, after taking into companysideration the evidence, assessed the value of the area companyprising 6 Bighas, 2 Kathas and 17 Latchas at the rate of Rs.
An area of 6 Latchas of land was sold for Rs.
The High Court, after taking into companysideration the evidence, assessed the value of the area companyprising 6 Bighas, 2 Kathas and 17 Latchas which was admittedly being used for purposes of a hat.
The other two sales took place after the date of the numberification Under Section 4 which is the relevant date for the purpose of assessing the companypensation.
With regard to the remaining area it upheld the view of the District Judge that companypensation should be awarded at the rate of Rs.
The Collector of Darrang has appealed against that portion of the judgment by which the companypensation for the hat land has been fixed at Rs.
It may be mentioned that 100 latchas make Bigha.
On September 27, 1955 12 Latchas were sold for Rs.
In the year 1954 55 it was rented for Rs.
In subsequent years i. e. 1955 56 and 1956 57 the rent went up to Rs.
N. Grover, J These two cross appeals have been brought by certificate from a judgment of the High Court of Assam Nagaland in the matter of companypensation awarded for certain land which had been acquired under the Land.
12,000/ and over.
Even if the rent for the year 1954 55 alone is taken into companysideration the capital value would work out at a much higher figure that what has been awarded.
