Tripura High Court
Sri Mono Mohan Debnath vs The Land Acquisition Collector on 22 March, 2021
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
LA APP 63 OF 2019
Sri Mono Mohan Debnath
son of late Hara Govinda Debnath, resident of Tilthai, P.O. Tilthai,
P.S. Panisagar, District- North Tripura
----Appellant(s)
VERSUS
1. The Land Acquisition Collector,
North Tripura, Dharmanagar, PIN-799250
2. The State of Tripura,
represented by the Executive Engineer, PWD,
Dharmanagar, North Tripura, PIN- 799250
----Respondent(s)
For Appellant(s) : Mr. Alik Das, Advocate
For Respondent(s) : Mr. DC Saha, Advocate
Date of hearing & delivery : 22.03.2021
of judgment & Order
Whether fit for reporting : Yes / No
HON'BLE MR. JUSTICE ARINDAM LODH
JUDGMENT
Heard Mr. Alik Das, learned counsel for the appellant. Also heard
Mr. DC Saha, learned counsel appearing for the respondent-LA Collector.
2. This appeal is directed against the judgment and award dated
25.01.2019 passed by the learned LA Judge, North Tripura, Dharmanagar
in case No. Civil Misc (LA) 07 of 2014. By means of filing this appeal, the
appellant, who has lost his land, has claimed for enhancing the rate of
compensation as assessed by the learned LA Judge.
3. The facts in brief, are that, by issuing notification dated 07.09.2011
and declaration dated 17.10.2011, the land in question, was acquired for
construction of approach road to proposed bridge over river Juri on Tilthai-
Anandabazaar road. After acquisition, the LA Collector has assessed the
market price of the acquired land. Being aggrieved, the appellant has
sought for reference. The learned LA Judge issued notice to the reference
asking the LA Collector, the requiring department and the land owner to
file claim statement and counter statement. After exchange of pleadings,
evidences were recorded. The appellant had filed examination-in-chief
under Order XVIII Rule 4 of the CPC. The LA Collector and the requiring
department also filed their respective examination-in-chief. Having heard
the learned counsel and on consideration of the submission advanced by
the learned counsel appearing for the parties, the learned LA Judge came to
the following findings:
"12. All the issues are taken up together for findings. In this case the
referring claimant proved some instances of sale deed executed in the year
2012, 2013 and 2014 respectively whereas the notification and declaration
of acquisition was made in the year 2011. Moreover the referring-claimant
also proved some unregistered agreement of sale deeds. But as per the
Registration Act such agreement of sale deeds needs to be registered and as
the said agreement of sale deeds were not registered, the said deed cannot
be taken into consideration for determining the price of the acquired land.
13. On perusal of certified copy of deed no. 1-00035 dated 07-01-2014
proved as exhibit-1 it appears that land measuring 19 satak of plot no. 48,
316, 218,1600 and 1708/6775 was sold at the price of Rs.3,80,000/- and so
the rate of the land per kani is Rs.8,00,000/-. From certified copy of deed
no.1-00030 dated 06-01-2012 proved as exhibit-2 it appears that land
measuring half satak of plot no. 1209 was sold at the price of Rs.40,000/-
and so the rate of the land per kani is Rs.32,00,000/-. From certified copy of
registered sale deed no. 1--00382 dated 15-03- 2013 proved as exhibit-5 it
appears that land measuring 2 satak of plot no. 2225 was sold at the price of
Rs.1,05,000/- and so the rate of the land per kani is Rs.21,00,000/- and from
certified copy of deed no.1-00381 dated 15-03-2013 proved as exhibit-3 it
appears that land measuring 3 satak of plot no. 2225 was sold at the price of
Rs.1,58,000/- and so the rate of the land per kani is approx Rs. 21,00,000/-.
14. In this case the exhibit-2, deed no.1-00030 dated 06-01-2012 is the
highest exemplar deed. Keeping the aforesaid principles as quoted above in
mind and considering all the above facts and evidence, by way of deduction
of 1/3rd from the price of the land of Exemplar deed Ext. 2, the value of the
acquired land is decided at Rs. 21, 00, 000/- per Kani. The referring
claimant is also entitled to get all other statutory benefits, accordingly, all
the three issues are decided in favour of the referring claimant."
4. Mr. Das, learned counsel has submitted that Deed no. I-00030 dated
06.01.2012 was the highest exemplar Deed (Exhibit-2) and as per law the
Court is to award on the basis of the highest exemplar Deed. According to
Mr. Das, learned counsel, Exhibit-2 Deed was transacted @Rs. 32 lakh per
kani, but, the learned LA Judge has assessed the market price of the
acquired land at Rs. 21 lakh per kani. Mr. Das, learned counsel has
submitted that the acquired land is situated in close proximity of the land
under Deed No. I-00030 dated 06.01.2012. The said Deed was accrue the
highest market price.
5. Mr. Saha, learned counsel has submitted that the award made by the
learned LA Judge is just and reasonable.
6. I have given my due consideration to the submission of the learned
counsel appearing for the parties to the lis. I have also given my anxious
thought to the process of determination of the market price of the acquired
land by the learned LA Judge.
7. I find that the learned LA Judge has determined the market price of
the acquired land by taking into consideration the average value of all the
Sale Deeds which were taken into proof and marked as exhibits.
8. In my opinion after taking into consideration the highest exemplar
Deed, justice would be rendered if the market price of the acquired land is
determined @Rs. 25 lakh per kani.
9. Accordingly, I hold and assess the market price of the acquired land
in question at Rs. 25 lakh per kani. The LA Collector is required to pay the
compensation amount considering the market price of the acquired land in
question @Rs. 25 lakh per kani. Needless to say, the said enhanced rate of
compensation shall carry all the statutory benefits including interest under
Section 34 of the LA Act.
10. With the aforesaid observation and direction, the instant appeal
stands allowed and thus disposed of.
Send down the L.C.Rs.
JUDGE
Saikat
