Case: Hemendra Prasad Baruah Vs. The Collector Of Sibsagar, Assam

100 bighas of land belonging to the appellant (a Tea Planter) were first requisitioned by Government to settle landless people and the owner gladly agreed to surrender the area which, on his own showing, was lying unused. Later, the State proceeded to acquire the land under s.7 (1A) of the Assam Land (Requisition and Acquisition) Act, 1948 (Assam Act XXV of 1948).

Reasoning: The simple statutory test that settles the issue is to find out whetherthe land acquired is Lying fallow oruncultivated. If it is, a small compensation alone is awardable, as laid down in s.7(1A) of the Act. On the other hand. if it is ten garden, the quantum is as under s. 23 ofthe Land Acquisition Act, 1894. This decisive factor lends itself to easy decision, because a plethora of evidence, to most of which the appellant is a party, proceeds on the basis that the land in question is fallow. The High Court has collected and considered the prior statements and other materials leading to the reasonable holding that s.7(1A) appropriately applied to this case. It follows that the appeal has no merit and deserves to be dismissed.