RLA/210/92/27 dated September 22, 1992 which was published in the Gazette on November 4, 1992.
These cases relate to the same subject matter and arise out of one and the same proceeding.
He filed Special Leave Petition C Nos.18020 18022 of 1998 also seeking leave of this Court to appeal against the said companymon judgment of the High Court dated June 24, 1998.
Against that judgment of the High Court, the petitioner filed Review Application No.54 of 1998 in the High Court.
at the rate of Rs.55,000/ per bigha, would be paid.
However, against the said companymon judgment of the High Court dated June 24, 1998, the petitioner again filed Special Leave Petition Nos.18180 18182 of 1999 delayed by 399 days.
Dissatisfied with the award of the Collector dated July 4, 1994, the petitioner sought reference to Civil Court under Section 18 of the Act.
In any event, the companypensation enhanced by the District Judget at Rs.22,000/ per bigha, being far less than the companypensation resolved in the chamber of the then Chief Minister, was erroneously set aside by the High Court in appeal.
In a meeting held in the chamber of the then Chief Minister of Assam on February 25, 1993, it was resolved that for the said companypensation, inclusive of solatium, additional interest etc.
On August 25, 1999, the said Review Application was dismissed by the High Court and its order is the subject matter of Special Leave Petition C No.5417 of 2000.
And Special Leave Petition No.5417 of 2000 is filed seeking leave to appeal from the order of the High Court of Gauhati in Review Application No.54 of 1998 passed on August 25, 1999.
Accordingly, the Collector awarded companypensation for the acquired land at the rate of Rs.7,000/ per bigha.
On reference, in L.A. Case No.1 of 1996, the District Judge granted enhanced companypensation at the rate of Rs.22,000/ per bigha on November 18, 1996.
The High Court by its companymon judgment dated June 24, 1998 dismissed the appeal of the petitioner and allowed the appeals of the respondents in the result, the companypensation awarded by the Collector, Golaghat, at the rate of Rs.7,000/ per bigha was restored.
On March 8, 1999 he was permitted to withdraw the Special Leave Petitions as his Review Application in the High Court was pending.
The acquisition proceedings were, therefore, companytinued under the Act and the Collector, Golaghat, proposed companypensation for the said land at the rate of Rs.10,876/ per bigha but the State Government approved Rs.7,000/ per bigha only.
But the process for fixing companypensation for the acquired land by agreement of the parties did number materialise as the petitioner, owner of the land, did number accept the said rate.
The companypany also companysented to payment of companypensation at the said rate.
To appreciate the companytroversy and the companytentions of the parties, a reference to the relevant facts leading to the filing of these cases would be apt.
J U D G M E N T SYED SHAH MOHAMMED QUADRI, J. The order of this Court dated December 1, 1999 dismissing Special Leave Petition C Nos.18180 18182 of 1999, is brought under challenge in the Review Petitions.
An extent of 825 bighas, 2 kathas, 0 lessa of land in village Ouguri Chapari under Mouza Morangi, Sub Division Golaghat in the District of Golaghat for short, the acquired land was numberified for acquisition under Section 4 1 of the Land Acquisition Act, 1894 for short, the Act for the companystruction of Numaligarh Oil Refinery hereinafter referred to as the companypany in numberification No.
Aggrieved thereby, the petitioner filed First Appeal No.27 of 1997 praying for further enhancement of companypensation the Company and the Collector, Golaghat, filed First Appeal Nos.32 and 33 of 1997, respectively, challenging the enhancement of companypensation by the District Judge from Rs.7,000/ to Rs.22,000/ per bigha.
