The General Manager vs Sunil Chandra Roy And 3 Ors
2023 Latest Caselaw 580 Tri

                         HIGH COURT OF TRIPURA
                               AGARTALA

                             LA.App 1 of 2023

The General Manager, Project
                                                            ---Appellant(s)
                                   Versus
Sunil Chandra Roy and 3 Ors
                                                          ---Respondent(s)

For Appellant(s)                  : Mr. N. Majumder, Advocate.
For Respondent(s)                 : None.

             HON'BLE MR. JUSTICE T. AMARNATH GOUD

                                   ORDER

03.08.2023

Heard Mr. N. Majumder, learned counsel appearing for the

appellant. None appears for the respondents when the matter is called

out for consideration.

This is an appeal from the judgment and award dated

14.03.2022 passed by the Learned Court of Land Acquisition Judge, West

Tripura at Agartala in Case No.Misc.(L.A) 350 of 2016 whereby the LA

Judge has awarded compensation grossly in the higher side ignoring the

evidence on record.

The brief facts of the appellant are that the following land of

the referring claimants were acquired by the O.P. No.2, L.A. Collector,

West Tripura, Agartala vide notification no. F.9(7)-REV/ACQ/XIV/2004

dated 12.02.2004 under Section 4 of the L.A. Act, 1894 for the purpose of

construction of Bye Pass Road from Khayerpur to Amtali under Bishalgarh

Sub-Division now Sadar Sub- Division in West Tripura District.

Description of acquired land

District - West Tripura, Sub-Division - Sadar, mouja- Dukli sheet no.2/p,

Khatian no.2142/5 under plot no.5458/p, Class -nal, area-0.005 acre.

The compensation of the acquired land was assessed by the

L.A. Collector @ Rs.5,00,000/- per acre i.e. @ Rs.2,00,000/- per kani and

total amount of Rs.3,598/- was awarded to the referring claimants

including all other statutory reliefs. Being dissatisfied, the referring

claimant no.1 prayed for reference and ultimately, the present proceeding

has cropped up.

The referring claimant no.1 by filing claim statement sought

for enhancement of the award given by the L.A. Collector on the ground

that the acquired land is most valuable nal class of land and used for

residential purpose. Moreover, most of the awardees have their

homestead within the acquired land. Further, the acquired land having its

highest potentialities both for commercial and industrial purposes. The

acquired land is compact parcel of land surrounded by road and sub

roads. There is a big market namely, Bankumari Market near to the

acquired land. The acquired land has all types of modern amenities like

Water connection, Electricity connection, Telephone facility, Bank,

Hospital, Police Station, High Schools, Bus Stand, Auto Stand, Jeep Stand,

Railway Station, University etc. Further, the acquired land is situated very

near to the Agartala Town and the market value of the adjacent land has

been increasing day by day. At present the market value of the acquired

land is at the rate of Rs.20,00,000/- per kani. But the L.A. Collector

ignoring all these aspects, determined the market value of the acquired

land @ Rs.2,00,000/- per kani arbitrarily. Being aggrieved, the referring

claimant No.1 approached this court for assessment of the market value

of the acquired land at the rate of Rs.20,00,000/- per kani.

O.P. No.1, requiring department i.e. the General Manager,

National Highways Infrastructure Development Corporation Ltd., Ministry

of Road Transport & Highways, Govt. of India, filed their counter

statement stating inter alia that the referring claimants were in

possession of land measuring 0.005 acre of nal class of land at Mouja

Dukli sheet No.2/p under Khatian No.2242/5 (may be 2142/5) of plot

No.5458/p which was acquired by the L.A. Collector vide Notification

bearing No.F.9(7)-REV/ACQ/XVI/2004 (may be No.F.9(7)-REV/ACQ/

XIV/2004) dated 12.02.2004 for construction of Bye Pass Road from

Khayerpur to Amtali under Sadar Sub-Division and after careful

consideration of all the relevant factors as well as documents, determined

the market value of the acquired land and the assessment made by the

L.A. Collector is just and proper which was made after comparison with

Agartala various sale instances and prevailing market rate of the adjacent

land. So, the claim of the referring claimants may be dismissed.

The O.P. No.2, L.A. Collector, West Tripura, Agartala, filed

their counter statement stating inter-alia that the referring claimants

were in possession of landed properties at Mouja Dukli Sheet No.2/p,

Khatian No.2142/5 under Plot No.5458/p for land measuring 0.005 acre

of nal class of land was acquired by virtue of Notification bearing

No.F.9(7)- REV/ACQ/XIV/2004 dated 12.02.2004 for construction of By

Pass Road from Khayerpur to Amtali under Sadar Sub-Division in West

Tripura District. They also stated that after due consideration of the

relevant documents as well as mandatory provision of the L.A. Act,

determined the market value of the acquired land at the highest side.

The Tribunal thereafter framed the following issues :-

ISSUE

(1) Is the award given by the L.A. Collector, West Tripura inadequate? If so, what should be the just amount of compensation and who is/are to pay the same?

(2) To what other reliefs the parties are entitled?

After considering all the materials and having considered the

submission made by the counsel for the parties, the Learned Tribunal has

observed as follows:

"In the result, the application of the referring claimants for enhancement of award is allowed. It is hereby directed that the referring claimants are entitled to get compensation @ Rs.8,00,000/- (Rupees Eight Lakh) per kani for the acquired land. The referring claimants will also get 30% solatium and 12% further enhanced amount of compensation upon the said enhanced land value computing from the date of notification under Section 4

of L.A. Act, 1894 till the date of award by the Collector or the date of taking possession of land whichever is earlier, as per Section 23(2) and Section 23(1-A) of the Act respectively. The referring claimants will further get interest @ 9% per annum from the date of taking over possession for one year and thereafter @ 15% per annum after expiry of said one year till the date of payment upon said enhanced amount of compensation as per Section 28 of the Act. As per law laid down by the Hon'ble Supreme Court in Mehrawal Khewaji Trust, Faridkot & ors. V. State of Punjab & ors.,2012 AIR SCW 2822, the interest will also be counted on additional amount as awarded under Section 23(1-A) above and upon the solatium awarded under Section 23(2) of the Act.

The referring claimants will also get Rs.1000/- as cost under Section 27 of the Act. The Opp. Party no.1 is also made jointly and severally liable to make the payment of compensation along with Opp. Party no.2."

Aggrieved thereby the impugned order dated 14.03.2022,

the appellant has approached this court for seeking relief.

Today, at the very outset, when the matter is called out for

consideration, it is represented by Mr. N. Majumder, learned counsel

appearing for the appellant that the instant appeal is covered by the order

dated 10.05.2023 delivered in LA.App 30 of 2022 wherein the subject

land was acquired by the same notification and belongs to the same

mouja-Dukli. Considering the same notification, mouja, and same class of

land in both cases, this court is of the opinion that fixing Rs.3,00,000/-

per kani in this present case appears to be reasonable. Accordingly, the

same is fixed in this present case also.

Registry is directed to enclose a copy of the order dated

10.05.2023 delivered in LA.App No.30 of 2022 along with the present

appeal.

With the above observation and direction, the present appeal

is accordingly allowed to the extent indicated above. As a sequel, stay if

any, stands vacated. Pending application(s), if any, also stands closed.

JUDGE

Dipak

Digitally signed by

DIPAK DAS DIPAK DAS Date: 2023.08.09 15:38:57 +05'30'