Tripura High Court
The Executive Officer vs Sri Subodh Chandra Das on 7 February, 2023
Page 1 of 4
HIGH COURT OF TRIPURA
AGARTALA
LA APP NO.08 OF 2021
The Executive Officer,
Tripura Housing & Construction Board,
Gurkhabasti, Agartala,
P.O- New Kunjaban, P.S.- New Capital Complex,
District-West Tripura, Pin-799006.
......... Appellant(s).
Vs.
1. Sri Subodh Chandra Das,
S/o- Late Laxman Ch. Das,
Of Jogendranagar,
P.O.- Jogendranagar,
P.S.- East Agartala,
Pin-799004,
District- West Tripura.
............Referring Claimant-Respondent(s).
2. L.A. Collector,
West Tripura,
Office of the DM & Collector,
West Tripura, Agartala, Pin-799001
....... O.P.Respondent(s).
For the Petitioner(s) : Mr. S. Bhattacharjee, Advocate.
Ms. D. Sengupta, Advocate.
For the Respondent(s) : Mr. D. Deb, Advocate.
Mr. D. Debnath, Advocate.
Date of hearing and delivery of
Judgment & Order : 07.02.2023.
Whether fit for reporting : YES/NO.
HON'BLE THE CHIEF JUSTICE(ACTING)
JUDGMENT AND ORDER(ORAL)
The brief fact of this case is that respondent No.2
vide notification No.F.9(9)-REV/ACQ/XIV/07 dated 12.09.2007
acquired the land of the claimant-respondent under West Tripura
District, Sub-Division-Sadar, Mouja-Anandanagar appertaining to
Khatian No.2688 comprising of Hal Plot No.483(p) classified as
Bagan (Tilla) measuring 0.22 acres and No.402 classified as
Chara(Tilla) land measuring 0.05 acres, total 0.27 acres.
Respondent No.2 assessed the value of the land at
Rs.20,50,000/- per acre. So, the claimant-respondent received
total compensation of Rs.9,39,896/- which was paid accordingly.
2. For redetermination of the compensation, the
claimant-respondent herein preferred an application under
Section 18 of the L.A. Act before the learned L.A. Judge, West
Tripura which was registered as Misc.(L.A)32 of 2015 After
hearing the parties, the learned L.A. Judge accordingly, enhanced
the amount from Rs.20,50,000/- to Rs.30,00,000/- per acre for
Bagan(Tilla) and Chara(Tilla) class of land.
3. Aggrieved thereby, the appellant herein has filed
this instant appeal for setting aside the judgment and award
dated 10.02.2020 passed by the learned L.A. Judge in
Misc.(L.A)32 of 2015.
4. Heard Mr. S. Bhattacharjee, learned counsel along
with Ms. D. Sengupta, learned counsel appearing for the appellant
as well as Mr. D. Deb, learned counsel along with Mr. D. Debnath,
learned counsel appearing for the respondents.
5. Mr. S. Bhattacharjee, learned counsel appearing for
the appellant submits that the claimant respondent failed to
produce any document relating to the enhancement of the rate,
and in absence of any such proof, the Court below enhanced the
amount of the compensation. The learned Court below also failed
to appreciate the settled law of the land that at the time of
assessment of the compensation, a similar kind of land shall be
taken into consideration not only in its class but also in its
measurement.
6. Heard Mr. D. Deb, learned counsel appearing for
respondent No.1.
7. After hearing both the parties and perusing the
evidence on record, this Court is of the opinion that this instant
appeal is liable to be remanded back since the enhancement from
Rs.8,00,000/-(Rupees eight lakhs) per kani to Rs.14,00,000/-
(Rupees fourteen lakhs) per kani and via media fixing it to
Rs.12,00,000/-(Rupees twelve lakhs) per kani is unreasoned. It is
relevant to note that Exbt-2, i.e. a sale deed wherein the
valuation of the land is given at Rs.14,00,000/- per kani, is made
after the said notification is issued. Exbt-F, i.e. another sale deed
wherein the value of the land is given at Rs.8,00,000/- per kani is
of the year 2006. So the order passed by the Court below is not
supported by any reason, only guesswork has been made, since
the guesswork is under challenge, this Court feels that proper
reasoning could have been given. Hence the matter is remanded
back.
8. So in view of the above, this instant case is
remanded back to the Court of the learned L.A. Judge for fresh
adjudication of the matter within a period of 2(two) months from
the date of receipt of the copy of this order. The parties
concerned are also directed to cooperate with the Court below for
the disposal of the matter within the aforesaid period. Learned
counsel for the parties is also at liberty to file a certified copy of
this order before the Court below.
9. Accordingly, the matter is disposed of.
Consequently, pending application(s), if any also stands closed.
Send back the LCRs forthwith to the Court below.
CHIEF JUSTICE (ACTING)
suhanjit
