High Court Of Tripura vs Sri Bijoy Debnath
2023 Latest Caselaw 5 Tri

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                      HIGH COURT OF TRIPURA
                            AGARTALA

                          L.A. APP. No.45/2021

Oil and Natural Gas Corporation Limited (to be represented by the HR-IR,
ONGC Ltd.), Tripura Asset, Badarghat Complex, West Tripura, Agartala-
799014.
                                                       ...... Appellant(s)
                            VERSUS
1. Sri Bijoy Debnath, S/O. Late Sital Debnath of Vill-Khedabari, P.S.-
Sonamura, District-Sepahijala, Tripura.
2. Sri Babatosh Debnath, S/O. Late Chintaharan Debnath of Vill-Khedabari,
P.S.-Sonamura, District-Sepahijala, Tripura.
                                             ...... Claimant-Respondent(s)

3. The Land Acquisition Collector, Sepahijala District, Bishramganj, Tripura.

                                                          ......Respondent(s)

For Appellant(s)               : Mrs. P. Dhar, Advocate.
For Respondent(s)              : Mr. P.K. Pal, Advocate.

             HON'BLE THE CHIEF JUSTICE (ACTING)

Date of hearing and judgment : 3rd January, 2023.

           Whether fit for reporting           : NO.


                       JUDGMENT & ORDER (ORAL)

Heard Mrs. P. Dhar, learned counsel for the appellant-ONGC.

Also heard Mr. P.K. Pal, learned counsel appearing for the respondents No.1

and 2-claimants.

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

(hereinafter referred to as the Act) is directed against the award dated 07-12-

2019 passed by the learned Land Acquisition Judge, Sepahijala District,

Sonamura in case No. Misc.(L.A.) 02 of 2013 whereby he assessed the value

of the land of the claimants at Rs.4,39,200/- per kani with all other

consequential benefits.

3. Appellant has prayed for the following reliefs:

                  "(i)     Admit the appeal;
                                         AND
                   (ii)    issue notice upon the respondents and call for

records from the Court of the Learned L.A. Judge, Sepahijala District, Sonamura;

AND

(iii) after hearing the appeal, be pleased to set aside the impugned the Judgment and Award dated 07.12.2019 passed by the Learned L.A. Judge, Sepahijala District, Sonamura in Case No. Misc. L.A. 02 of 2013;

AND

(iv) stay all operations of the impugned award till the disposal of appeal;

AND

(v) pass all such other order(s) and/or direction(s) as deem fit and proper in the circumstances of the case."

4. The undisputed facts are that the claimants namely Bijoy

Debnath and Babatosh Debnath were the owners of land measuring 0.1 acre

and 0.28 & 0.11 acres respectively under Mouja-Khedabari of Sonamura

Sub-Division which were acquired by the L.A. Collector vide Notification

No.F.9(2)-REV/ACQ/VIII/06 dated 25.03.2006 for the purpose of

construction of GCS at Trishna under Sonamura Sub-Division and

compensation of Rs.1,00,000/- per kani was awarded for the acquired land.

Being dissatisfied, the claimants filed claim statements being Misc. (L.A.)

02 of 2013 before the learned Land Acquisition Judge, Sepahijala District,

Sonamura claiming compensation of Rs.15,00,000/- per kani for the

acquired land and the learned L.A. Judge after recording evidence and

hearing arguments was pleased to enhance the compensation from

Rs.1,00,000/- per kani to Rs.4,39,200/- per kani vide award dated

07.12.2019. Aggrieved thereby, the appellant-ONGC has preferred this

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

Judge. Hence, this case.

5. Mrs. P. Dhar, learned counsel appearing for the appellant-

ONGC, submits before this Court that the award passed by the Court below

suffers from infirmity and the factual position of 1000 meters difference

between the plots mentioned in the sale deeds which are considered on par

with each other for extending the benefit by fixing the award of

compensation was ignored and insists that the award needs to be set aside.

6. On the other hand, Mr. P.K. Pal, learned counsel appearing for

the respondents-claimants submits that with regard to the said notification

and the amount of compensation awarded is one and the same with regard to

the subject matter which is involved and already appeals preferred have been

dismissed confirming the awards passed by the Court below. The said fact of

confirmation of the awards was not denied by the counsel for the appellant.

In this context, learned counsel for the respondents-claimants further states

that this appeal is squarely covered by an order passed by this Court on

05.08.2022 in L.A. App. No.45/2020, titled as In-Charge, HR-ER, ONGC

Limited versus Sri Arun Debnath and others since with respect to the

selfsame acquisition proceedings under identical mouja and notification, this

Court had adjudicated the issue interfering and enhancing the amount of

compensation.

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

impugned award dated 07-12-2019 passed by the learned Land Acquisition

Judge, Sepahijala District, Sonamura in case No. Misc.(L.A.) 02 of 2013 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