Partly allowed

On the Death of Bijay Rahang, His Legal Heirs 1A Pradip Rahang and 4 Ors. v. the Collector, Kamrup M and Anr.

Gauhati HC9 Aug 2022LA.App./7/2013

Case brief

AI extract

What is this about?

The court disposed of an appeal regarding land acquisition compensation for Oil India Ltd. It enhanced the award rate from Rs.50,000 to Rs.1,20,000 per katha, aligning with settled Supreme Court precedents, and directed payment within 90 days.

What did the court decide?

The appeal allowed; compensation enhanced to Rs.1,20,000/- per katha with additional admissible allowances; payment directed within 90 days.

On the Death of Bijay Rahang, His Legal Heirs 1A Pradip… — Land Acquisition | Gauhati HC (2022)

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GAHC010131932013

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : LA.App./7/2013

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ON THE DEATH OF BIJAY RAHANG, HIS LEGAL HEIRS 1A PRADIP RAHANG and 4 ORS.

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1B ROMON RAHANG, BOTH ARE S/O- LATE BIJOY RAHANG

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2: KEOT RAHANG

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BOTH ARE S/O LATE THANU RAHANG

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3: SMTI BALI RAHAN

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W/O LATE DEVEN RAHANG

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4: SIKANDER RAHAN

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5: RITU RAHANG

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NO. 4 and 5 ARE S/O LATE DEVEN RAHANG ALL ABOVE ARE RESIDENT OF VILL. BIRKUCHI

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UNDER BELTOLA MOUZA GUWAHATI DIST. KAMRUP M ASSAM, PIN-

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6: BICHITRA MIKIR

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S/O-LATE PAIBAR MIKIR R/O-BIRKUCHI MOUZA-BELTOLA GUWAHATI, KAMRUP (METRO) ASSAM

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7: SURESH MIKIR S/O-LATE PAIBAR MIKIR R/O-BIRKUCHI MOUZA-BELTOLA GUWAHATI KAMRUP (METRO) ASSA

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VERSUS

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THE COLLECTOR, KAMRUP M and ANR. GUWAHATI, ASSAM.

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2:OIL INDIA LTD. REPRESENTED BY THE GENERAL MANAGER PIPELINES PIPELINE HEADQUARTERS P.O. UDAYAN BIHAR NARENGI, GUWAHATI DIST. KAMRUP M, ASSAM

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Advocate for the Petitioner : MR.S K SINGH Advocate for the Respondent : MS.M BARMAN

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BEFORE

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HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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09-08-2022

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Heard Shri S. K. Sinha, learned counsel for the appellants. Also heard Ms. U. Das, learned State Counsel for the respondent No. 1 whereas Ms. M. Barman, learned counsel is present for the respondent No. 2, Oil India Ltd.

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At the outset, the learned counsel for the parties have submitted that the issue in question has been settled in the meantime in other cases filed before this Court which has also gone to the Hon’ble Supreme Court. However, before going to the said aspect of the matter, the bare minimum facts of the case may be reproduced as follows.

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The matter pertains to an acquisition proceeding for the respondent No. 2, Oil India Ltd for construction of the IOC Complex at Birkuchi in the District of Kamrup. The said proceedings which was registered as LA Case No. 12/1992 had culminated in an award by which the Collector, Kamrup had awarded @ Rs.50,000/- per katha with additional compensation @ 30% and 12%.

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The appellants who are the claimants being dissatisfied with the said award had

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applied for a reference under Section 18 of the Act and the matter was accordingly referred to the learned Addl. District Judge No. 1, Kamrup. The refering Court however dismissed the said reference by upholding the rate fixed by the Collector.

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Being aggrieved by the said judgment and order dated 28.06.2013, the present appeal has been preferred by the claimants under Section 54 of the Land Acquisition Act, 1894 .

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As indicated above, the issue involved has already been decided by this Court and has also made upheld by the Hon’ble Supreme Court in Civil Appeal No.(s) 86328634/2010 (Lal Babu Das & Ors. Vs Oil India Ltd. & Anr). In this connection, the learned counsel submits that pertaining to the said LA Case, this Court in a number of appeals including LA No. 2/2017, 33/2018 had however enhanced the amount from Rs.50,000/- per katha to Rs.1,20,000/-. The aforesaid enhancement was also upheld by the Hon’ble Supreme Court by dismissing the SLP preferred by the beneficiary Company, Oil India Ltd. Therefore, the amount of compensation for land acquisition has been paid @ Rs.1,20,000/-.

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The learned counsel for the appellant as well as for the respondents submits that since the issue has already been settled, a similar order may be passed whereby the amount to be fixed at Rs.1,20,000/- per katha alongwith other admissible allowances as per the Act of 1894.

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In view of the above, the instant appeal is disposed of by enhancing and fixing the rate of award @ Rs.1,20,000/- per katha alongwith other admissible allowances as per the Act of 1894. The additional amount which the appellant would now be entitled to be paid within a period of 90 days from today.

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JUDGE

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Comparing Assistant

On the Death of Bijay Rahang, His Legal Heirs 1A Pradip Rahang and 4 Ors. v. the Collector, Kamrup M and Anr.

Case brief

What is this about?

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On the Death of Bijay Rahang, His Legal Heirs 1A Pradip Rahang and 4 Ors. v. the Collector, Kamrup M and Anr.

Case brief

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What did the court decide?

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