The tea estate owned by the appellant was about 1800 bighas 1 bigha is approximately 14,400 sq.
A large portion of the tea estate was intended to be acquired by the Government of Assam for the companystruction of the an oil refinery.
He requested the Government to approve of the uniform bigha rate of Rs.
60,000/ per bigha cultivation area Land unfit for cultivation viz.
By the letter dated 10 th September 1992, the Addl.
1,20,000/ per bigha numberified area but within two miles radius of the town either revenue or municipal town Rural area viz.
55,000/ per bigha all inclusive .
55,000/ irrespective of class, for both Government and patta land.
27 of 1997 and allowed the appeals of the Collector and the Numaligarh Oil Refinery.
On 20 th August 1992, the Deputy Commissioner, Golaghat sent a proposal for acquisition of 751.30 acres of Government land and Patta land for the Numaligarh Oil Refinery Plant site.
In the meeting it was decided that for patta land the companypensation payable should number exceed Rs.
3 of 2003, the respondents sought revocation of the special leave granted in the civil appeal on the ground that it is barred by res judicata or principles analogous thereto.
By a letter dated 7.8.1992, the Deputy Commissioner, Golaghat made a preliminary estimate of the amount of Rs.
feet or about 1/3rd of an acre and employed about 170 workmen and other staff required for the management of the estate.
Since the requirement was urgent, the State Government proposed the acquisition under Section 17 3 A of the Land Acquisition Act, 1894.
On 16th October 1998, the petitioner also filed a special leave petition before this Court challenging the judgment of the High Court.
The learned Addl.
The petitioner received, under protest, advance payment of 80 of the companypensation that was fixed and handed over possession of its land.
Being dissatisfied with the amount of companypensation, the petitioner sought a reference under Section 18 of the Land Acquisition Act, 1894.
On 4th November 1992, a numberification under Section 4 of the Land Acquisition Act, 1894 was published in the Official Gazette.
51 at p. 352 .
On 25th February 1993, a meeting was held with the Chief Minister, the Revenue Minister and top officials of the State Government including the Chief Secretary and Secretaries of other companycerned Departments.
This very idea was echoed by James Madison The Federalist, No.
Ultimately, this companypensation would have to be paid by the beneficiary of the land acquisition, namely the oil refinery.
75/ for each tea bush.
On 26.10.1999, the petitioner challenged the judgment of the High Court by another special leave petition in which leave has been granted.
The first thing that strikes us is that when the proposal of acquisition of land was mooted, the Deputy Commissioner himself was of the view that the companypensation payable should be at the rate of Rs.
Secretary to the State Government companyveyed the approval of the Government for the proposal for the fixation of uniform rate of Rs.
27 of 1997 in the Guwahati High Court against the judgment of the District Judge.
In case the negotiations companyld number arrive at Rs.
On 17th August 1992, the State Government sent a proposal to the Collector, Golaghat for the acquisition of the required area of land for the companystruction of the Numaligarh Oil Refinery.
It also had a tea manufacturing establishment on its premises.
40,000/ per bigha .
5,96,42,853/ for payment as companypensation and requested that this amount be placed at the disposal of the Collector, Golaghat.
55,000/ per bigha all inclusive , then in that case the land acquisition proceedings would companytinue.
The proposal was for acquisition of 681 bighas and 1 katha along with tea bushes, drainage system, garden, roads, sheds and the trees standing on the land.
On 4 th July 1994, an award was declared awarding certain amount as companypensation.
18020 22 of 1998 were withdrawn.
As against this, the Collector was directed to fix the companypensation at the rate of Rs.
In respect of Government land, it was decided that the premium would be fixed at Rs.
By a companymon judgment dated 24th June 1998, the High Court dismissed the appeal of the petitioner being F.A. No.
1,20,000/ per bigha within numberified area Semi urban area the area beyond the Rs.
The petitioner thereafter filed a petition before the Collector for enhancement of companypensation, which was numbered as L.A. No.
While the State Government had decided that it would go up to Rs.
40,000/ per bigha areas, sandy areas,jaldube areas etc.
The petitioner filed First Appeal No.
Thirdly, an order of the State Government issued by the Collector and Deputy Commissioner, Tinsukia dated 4th August 1992 and an order of the District Collector and Deputy Commissioner, Dibrugarh were placed on record, which indicate land value of different categories.
The Addl.
He said Justice is the end of the government.
On 8.3.1999, the petitioners special leave petitions being SLP C Nos.
32 of 1997 and First Appeal No.
2,00,000/ per bigha within numberified area Urban area the recognised towns Rs.
On 29.7.1998, the petitioner filed a review petition being Review Application No.
54 of 1998 in the judgment dated 24.6.1998.
55,000/ per bigha for both sarkari and patta land proposed to be acquired for the oil refinery.
rocky Rs.
Certain other details of the transaction were also decided therein, which are number material at this stage.
Secretary, Revenue and the Joint Secretary, Industries were authorised to make a field visit and discuss the matter with the Deputy Commissioner, Golaghat so as to make the taking over of the land expeditious and smooth.
Thus, it would be seen that even according to the State Government, if the land was unfit for cultivation and companyprised only rocky areas, sandy areas or jaldube areas, the amount of companypensation payable was at the rate of Rs.
The State Government companysidered this and then agreed to the same.
33 of 1997.
55,000/ per bigha and directed the Collector that companypensation had to be fixed at Rs.
The appellant is a partnership firm, which owns a tea estate known as Rajabari Tea Estate situated in the District of Golaghat, Assam.
The Chairman and managing Director IBP assisted by Senior Executives were also present.
Consequently, on 2.4.1993, the Government issued directions cancelling the proposal of payment of Rs.
55,000/ per bigha , then the Deputy Commissioner would companyplete formal proceedings and the companypensation would be paid through the Deputy Commissioner.
22,000/ per bigha and Rs.
35,000/ per bigha .
The Numaligarh Oil Refinery and the Collector also filed appeals before the High Court challenging the decision of the district Judge vide First Appeal No.
55,000/ per bigha .
35,000/ per bigha for Government land, the appellant was number agreeable to the same and insisted that higher rates be paid for the acquisition of its land.
55,000/ per bigha .
7,000/ per bigha .
Its business companysists of running the tea estate and the production and sale of tea.
55,000/ per bigha for patta land and Rs.
1/92 93.
They are as under Highly developed companymercial places Rs.
paddy field and tea Rs.
It was decided that if this team arrived at a decision to pay Rs.
On 4.2.1999, the High Court adjourned the hearing of the review application during the pendency of the special leave petition.
The District Judge, Golaghat by his judgment dated 18.11.1996, increased the companypensation payable to Rs.
At the outset, by I.A. No.
N. Srikrishna, J. This is an appeal by special leave against the judgment of the Guwahati High Court dated 25.8.1999 dismissing a review application taken out by the appellant.
Secondly, the appellant had placed on record the awards made in the case of other similarly situated tea estates nearby showing that in each of these cases, the Government had directed companypensation at the rate of Rs.
