The Deputy Chief Engineer ... vs Smt. Bibha Rani Das And Others
2023 Latest Caselaw 37 Tri

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                       HIGH COURT OF TRIPURA
                             AGARTALA

                            L.A. APP. No.56/2021

The Deputy Chief Engineer (Construction), N.F. Railway, Badharghat
Railway Complex, P.O.-Siddhi Ashram, P.S.-Amtali, Agartala, Tripura West.
                                                       ...... Appellant(s)
                              VERSUS
Smt. Bibha Rani Das and others.
                                                            ......Respondent(s)

For Appellant(s)                 : Mr. Asutosh De, Advocate.
For Respondent(s)                : None.

              HON'BLE THE CHIEF JUSTICE (ACTING)

                                    Order

09/01/2023

Heard Mr. Asutosh De, learned counsel appearing for the

appellant-N.F. Railway.

2. This appeal under section 54 of the Land Acquisition Act, 1894

(hereinafter referred to as the Act) is directed against the award dated 06-02-

2020 passed by the learned Land Acquisition Judge, Sepahijala District,

Bishalgarh in case No. Misc. (L.A.) 96 of 2014 whereby the learned L.A.

Judge assessed the value of the acquired land of the claimants at

Rs.9,35,712/- per kani with all other statutory benefits.

3. Appellant has prayed for the following reliefs:

                   "(i)       Admit this appeal;
                    (ii)      Call for records of Misc. (L.A.) 96 of 2014 from

the Court Ld. Land Acquisition Judge, Sepahijala District, Bishalgarh (Sri A. Debbarma);

                    (iii)     Issue notice upon the respondents;
                    (iv)      After hearing the parties, be pleased to allow

this appeal by setting aside the judgment and award dated 06.02.2020 passed by the Ld. Land Acquisition Judge, Sepahijala District, Bishalgarh (Sri A. Debbarma), in connection with Misc. (L.A.) 96 of 2014;

(v) Any other relief and relives as your Lordship deem fit and proper having regards to the facts and circumstances of the case."

4. The undisputed facts are that 0.19 acres of Nal class of land

under Mouja-Brajapur of Bishalgarh Sub-Division belonging to the

claimants was acquired by the Government of Tripura (L.A. Collector) vide

Notification No.F.09(07)-REV/ACQ/XIV/11 dated 05.08.2011 for the

purpose of construction of "New Rail line" from Agartala to Sabroom and

compensation of Rs.2,58,369/- per kani was awarded for the acquired land

along with all statutory benefits. Being dissatisfied, the claimants filed claim

statements being Misc. (L.A.) 96 of 2014 before the learned Land Acquisition

Judge, Sepahijala District, Bishalgarh claiming compensation of

Rs.40,00,000/- for the acquired land and the learned L.A. Judge after

recording evidence and hearing arguments was pleased to enhance the

compensation by awarding Rs. 9,35,712/- per kani along with all

consequential benefits vide award dated 06.02.2020. Aggrieved thereby, the

appellant-N.F. Railway has preferred this appeal for setting aside the

impugned award passed by the learned L.A. Judge. Hence, this case.

5. Mr. Asutosh De, learned counsel appearing for the appellant-

N.F. Railway, contends that the learned L.A. Judge committed an error in

determining the market value of the acquired land since the same is situated

far away from the road which is an abandoned and not a cultivable land and

as such, there is no potential value of the acquired land. He also contends

that the claimants during adducing evidence presented some exemplar deeds

which are far away from the acquired land and also of small quantity for

which the same should not be taken into consideration for determining the

quantum of compensation. He further contends that after construction of the

railway line, the surrounding area of the acquired land became highly

developed but learned L.A. Judge deducted only small amount as

development charge from the compensation amount awarded and as such, he

prays for setting aside the impugned award passed by the learned L.A.

Judge.

6. Having heard the submission of the learned counsel appearing

for the appellant-N.F. Railway, this Court is of the considered view that

before the learned L.A. Judge the Railway authorities have not made out any

case with regard to the distance between the acquired land and the land

under exemplar sale deeds produced by the claimants on record to say that

the claimants are not entitled to the enhanced amount. Now in appeal for the

first time, it is not open for them to say that there is huge distance between

the acquired land and the land under the exemplar sale deeds produced. It is

also found that the plots under the exemplar sale deeds and the acquired land

are also situated within the same mouja and the land was acquired for

construction of Agartala to Sabroom railway line and as such, definitely the

acquired land has got its high potentiality. Therefore, this Court is of the

considered opinion that the learned L.A. Judge on proper appreciation of

evidence on record has correctly come to the conclusion and awarded

compensation for the acquired land in favour of the claimants and as such,

no interference is called for in the impugned award passed by the learned

L.A. Judge.

7. Accordingly, the appeal stands dismissed. Consequently, the

impugned award dated 06-02-2020 passed by the learned Land Acquisition

Judge, Sepahijala District, Bishalgarh in case No. Misc. (L.A.) 96 of 2014 is

hereby confirmed. The claimants are at liberty to withdraw the amounts

deposited unconditionally.

8. Stay order, if any, stands vacated.

Send down the lower court records forthwith.

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

CHIEF JUSTICE (ACTING)

Pulak