Tripura High Court
The Executive Officer vs Sri Rebati Mohan Das on 7 February, 2023
Page 1 of 5
HIGH COURT OF TRIPURA
AGARTALA
LA APP NO.09 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.
......... O.P.Appellant(s).
Vs.
1. Sri Rebati Mohan Das,
S/o Late Laxman Chandra 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.2690 comprising of Hal Plot
No.481/p (classified as Lunga) measuring 0.30 acres, plot
No.480p classified as Bagan(Tilla) and land measuring 0.45
acres, plot No.482(p) classified as bagan and land measuring
0.07 acres total 0.82 acres. Respondent No.2 assessed the
value of the Lunga class of land @ Rs.17,93,750/- per acre for
the plot No.481p, for bagan (Tilla) class of land Rs.20,50,000/-
per acre and for plot No.482p classified as Bagan
Rs.20,50,000/-. The value was assessed to the tune of
Rs.16,04,125/-. So, the claimant-respondent received total
compensation of Rs.32,95,389/- 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)37 of 2015. After
hearing the parties, the learned L.A. Judge accordingly,
enhanced the amount of compensation from Rs.20,50,000/- to
Rs.30,00,000/- per acre for the Bagan and Bagan(Tilla) class of
land and for the Lunga class of land from Rs.17,93,750/- per
acre to Rs.25,00,000/- per acre.
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)37 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-4, 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
