Hon'Ble Mr.Justice ... vs Accordingly
2022 Latest Caselaw 1005 Tri

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                   HIGH COURT OF TRIPURA
                         AGARTALA

                       CO(FA)15 of 2022
                in LA App. No.28 of 2022(D/O)

                              BEFORE

       HON'BLE MR.JUSTICE S.G.CHATTOPADHYAY
For the Appellant(s)              :       Mr. Samarjit Bhattacharjee, Adv.

For the Respondent(s)             :       None.

                               ORDER

02.12.2022 The Agartala Municipal Corporation and anr. being the

appellants, filed LA App. No. 28 of 2022 on 05.01.2022 against the

judgment and award dated 09.04.2021 passed by the learned LA Judge

(Court No.2), West Tripura, Agartala in case No. Misc.(LA) No.98 of

2015. The said appeal has been dismissed by the learned Single Judge

by order dated 10.11.2022 which reads as under:

"Heard learned counsel for the respective parties. Mr. Samarjit Bhattacharjee, learned counsel appearing for the respondents submits that the issues raised in the present L.A. Appeal are squarely covered by an order rendered by learned Single Judge of this Court in the case of Agartala Municipal Corporation vs. Smt. Madhuri Chakraborty and others in L.A. App. No.123/2019 disposed of on 08.12.2021. In the said order the learned Single Judge had observed as under :

"Having heard learned counsel for the parties and on perusal of the award passed by the learned L.A. Judge, in my view, though the market price of the acquired land as has been assessed by

the L.A. Judge is on the lower side, no interference is called for in respect of reducing the awarded compensation determined by the L.A. Judge on proper appreciation of evidence and materials on record. In the result, the judgment and award passed by the learned L.A. Judge dated 22.01.2019 in Misc.(LA) No.40 of 2013 is affirmed and consequently, the appeal stands dismissed."

Accordingly, in view of such observation of the learned Single Judge as well as submissions by Mr. Bhattacharjee, learned counsel for the private respondents, the appeal stands dismissed.

Interim order passed earlier stands vacated.

........................................................................"

The present cross appeal was filed by the original

claimants(appellants herein) on 14.09.2022 against the same award of

the LA Judge before LA App.No.28 of 2022 was decided.

Heard Mr.S.Bhattacharjee, learned counsel appearing for

the claimant cross objectors. Mr. Bhattacharjee, learned counsel for the

appellant submits that the cross appeal has been filed seeking

enhancement of the compensation awarded by the learned LA Judge by

the impugned judgment.

It appears from the report furnished by the Registry that

the cross appeal is in time and sufficiently stamped.

The cross appeal stands admitted.

Issue notice to the other side returnable on 03.02.2023.

Steps be taken by the appellant within 7 days for issuing

notice.

Call for the LC record.

The Registry will prepare paper book soon after the LCR is

received.

Let the matter be listed on 03.02.2023.

JUDGE

Saikat Sarma