The Deputy Chief Engineer ... vs Smt. Gita Rani Dey And Others
2023 Latest Caselaw 39 Tri

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                       HIGH COURT OF TRIPURA
                             AGARTALA

                           L.A. APP. No.38/2022

The Deputy Chief Engineer (Construction), N.F. Railway, Badarghat Railway
Complex, P.O.-Siddhi Ashram, P.S.-Amtali, Agartala, Tripura West.
                                                         ...... Appellant(s)
                             VERSUS
Smt. Gita Rani Dey 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 31-01-

2022 passed by the learned Land Acquisition Judge, South Tripura, Belonia

in case No. L.A. (Ref.) 117 of 2018 whereby the learned L.A. Judge

assessed the value of the acquired bastu class of land of the claimants at

Rs.12,00,000/- per kani with all other statutory benefits.

3. Appellant has prayed for the following reliefs:

"(a) Admit this appeal;

(b) Call for records of L.A. (Ref.) 117 of 2018 from the Court Ld. Land Acquisition Judge, South Tripura, Belonia (Sri A. Pandey);

(c) Issue notice upon the respondents;

(d) After hearing the parties, be pleased to allow this appeal by setting aside the judgment and award dated 31.01.2022 passed by the Ld. Land Acquisition Judge, South Tripura, Belonia (Sri A. Pandey), in connection with L.A. (Ref.) 117 of 2018;

(e) 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 0.20 acres of Bastu class of land

and 0.74 acres of Tilla class of land, i.e. in total 0.94 acres of land under

Mouja-Manubazar of Sabroom Sub-Division belonging to the claimants

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

Notification No.F.9(07)-REV/ACQ/XIII/2012 dated 07.01.2013 for the

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

compensation of Rs.3,30,000/- per kani for Bastu class of land and

Rs.60,000/- per kani for Tilla class of land were awarded along with all

statutory benefits. Being dissatisfied, the claimants filed claim statements

being L.A. (Ref.) 117 of 2018 before the learned Land Acquisition Judge,

South Tripura, Belonia for enhancement of compensation 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.12,00,000/- per kani along with all consequential benefits vide award

dated 31.01.2022. 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 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 did not deduct the 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 the

claimants had produced six nos. of exemplar sale deeds out of which on

perusal of one sale deed No.1-465 of the year 2011, it is found that Bastu

class of land was sold @ Rs.20,00,000/- per kani and Tilla class of land was

sold @ Rs.5,01,538/- per kani. It is also found that the plots under the

exemplar sale deeds and the acquired lands 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

arguments advanced by the learned counsel for the appellant in the light of

above discussion cannot be accepted.

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

impugned award dated 31-01-2022 passed by the learned Land Acquisition

Judge, South Tripura, Belonia in case No. L.A. (Ref.) 117 of 2018 is hereby

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

unconditionally.

8. Stay order, if any, stands vacated.

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

CHIEF JUSTICE (ACTING)

Pulak