Agartala Municipal Corporation vs Smt. Sadhana Sharma ...
2021 Latest Caselaw 1154 Tri

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                      HIGH COURT OF TRIPURA
                            AGARTALA
                            L.A. App. No.24/2021

Agartala Municipal Corporation
                                                                ----Appellant(s)
                                   Versus
Smt. Sadhana Sharma (Chakraborty) and another
                                                             -----Respondent(s)

For Appellant(s) : Mr. T.D. Majumder, Sr. Advocate, Ms. K. Debbarma, Advocate.

For Respondent(s) : Mr. U.K. Majumder, Advocate.

HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY

Order

24/11/2021

Heard learned counsel for the respective parties. Learned

counsel for the parties are in agreement that the facts and issues involved in

this appeal are squarely covered by a judgment of Single Judge of this Court

dated 18.02.2021 in case of The Agartala Municipal Corporation vrs. Sri

Sebak Sharma @ Sevak Sharma and others in L.A. APP. No.38 of 2020.

In the said judgment the learned Single Judge had observed as under:

"9. I have perused the judgment and award passed by the learned LA Judge and in my opinion the market price as has been assessed by the LA Collector though it is on the lower side, but, there is no question of reducing the enhanced rate of compensation as determined by the learned LA Judge

after minute appreciation of evidence and materials on record.

10. Accordingly, the judgment and award dated 11.07.2019 passed in Misc(LA) 231 of 2016 by the learned L.A. judge are hereby affirmed and upheld and the instant appeal is dismissed being devoid of merit.

Send back the LCRs"

In view of such observation of the learned Single Judge, this

Court finds that no separate order, therefore, is required to be passed in this

appeal and as such, dismisses the appeal in view of dismissal of other

appeals at the behest of the Agartala Municipal Corporation arising out of

the selfsame notification.

Accordingly, the appeal stands dismissed. The Registry is

directed to release the amount deposited by Agartala Municipal Corporation

including interest accrued, if any, in favour of the claimant respondent in

accordance with the decree.

Stay order, if any, stands vacated.

Pending application(s), if any, also stands disposed of.

Send the lower court records forthwith.

(INDRAJIT MAHANTY), CJ

Pulak