Judgment Case ID: 3254

Judgment:
Civil Appeal No. 1264 of 1969. Appeal by certificate from the judgment and order dated the 12th Feb.	 1968 of the High Court of Assam and Nagaland at Gauhati in First Appeal No. 21 of 1963. D. Mookherjee and section K. Nandy	 for the appellant. M. H. Chowdhury and section N. Chowdhury	 for the respondent The Judgment of the Court was delivered by KRISHNA IYER	 J. The concurrent conclusions of fact reached by both the courts below regarding the quantum of compensation payable to the appellant on the acquisition of his land for a public purpose by the State are assailed by Shri D. Mukherjee before us on the ground that the amount is grossly inadequate. Having heard him in the light of the High Court 's reasoning	 we are persuaded to affirm the finding. 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). The sole dispute turns on whether the lesser scale of compensation proceeded under s.7(1A) or the larger one stipulated under s.7(1) is attracted to the situation. The simple statutory test that settles the issue is to find out whether the land acquired is Lying fallow or uncultivated. If it is	 a small compensation alone is awardable	 as laid down in s.7(1A) of the Act. On the other 69 hand. if it is ten garden	 the quantum is as under section 23 of the 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. We order both parties to bear their respective costs. Subject to this direction	 the appeal is dismissed. V. M. K. Appeal dismissed.

Summary:
100 bights of land lying unused were requisitioned by Government to settle landless people. The appellant	 a tea planter	 willingly surrendered the same. But	 when the State proceeded to acquire the land under section 7(1A) of ' the Assam Land (Requisition and Acquisition) Act	 1948 he disputed the payment of lesser scale of compensation prescribed under section 7(1A) of the Act. 'The Courts below concurrently held against him. Dismissing the appeal	 ^ HELD: The simple statutory test that settles the issue is lo find out whether the land acquired is Lying fallow or uncultivated. If it is	 a small compensation alone is awardable	 as laid down in section 7(1A) of the Act. On the other hand	 if it is tea garden	 the quantum is as under section 23 of the Land Acquisition Act	 1894. Plethora of evidence adduced in this case clearly proceeds on the basis that the land in question is fallow. The High Court has	 therefore	 rightly held that section 7(1A) appropriately applied to this case. [68H 69B]