The Deputy Chief Engineer ... vs Sri Sribash Chandra Das & Another
2022 Latest Caselaw 532 Tri

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                      HIGH COURT OF TRIPURA
                        _A_G_A_R_T_A_L_A_
                         LA APP No.24 of 2020
The Deputy Chief Engineer (Construction), N.F Railway, Agartala

                                                               ........Appellant(s)

                                   VERSUS
Sri Sribash Chandra Das & another
                                                                ......Respondent(s)

For Appellant(s) : Mr. Asutosh De, Advocate. For Respondent(s) : Mr. P. Gautam, Advocate.

HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY _O_ R_ D_ E_ R_ 20/05/2022 Heard Mr. Asutosh De, learned counsel appearing for the

appellant and Mr. P. Gautam, learned counsel representing the Land

Acquisition Collector, West Tripura, Agartala. None appears for the

private respondent(s) at the time of hearing.

Mr. Asutosh De, learned counsel for the appellant in his

usual fairness has brought to the notice of this Court that the land

valuation of which challenge has been made in the present appeal is

situated under the same Mouja and under the same acquisition notice

from which LA APP No.01 of 2020 had come to be filed and disposed of

by order dated 24.03.2022 which reads as under :

"Learned counsel for the parties are in agreement that the facts and issues involved in this appeal are squarely covered by an order passed by Single Judge of this Court on 09.02.2022 in LA APP No.15/2021, titled as The Deputy Chief Engineer

(Construction). N.F Railway versus Sri Nepal Chandra Chakraborty and others. In the said order the learned Single Judge had observed as under :

"9. Considering the aforesaid circumstances, this Court is of the considered view that the judgment relied upon by the learned counsel for the appellant in the present facts and circumstances of this case would have no application to the present case and this Court finds that the learned L.A. Judge has proceeded lawfully and rationally in determining the value of the acquired land at Rs.5,00,000 per kani. Therefore, this Court finds no basis or ground to interfere with the said order and accordingly, the appeal stands dismissed. In view of such observation, this Court finds that no separate order, therefore, is required to be passed in this appeal and as such, the appeal stands disposed of in view of the above terms. Stay order, if any, stands vacated. Pending application(s), if any, also stands disposed of.

Send the lower court records forthwith."

With these aforesaid observations and directions, this appeal

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

(INDRAJIT MAHANTY), CJ

Dipesh