Tripura High Court
The Deputy Chief Engineer ... vs Smt. Arati Mallik (Sarkar) And ... on 13 January, 2023
Page 1 of 4
HIGH COURT OF TRIPURA
AGARTALA
L.A. APP. No.60 of 2021
The Deputy Chief Engineer (Construction), N.F. Railway
----Appellant(s)
Versus
Smt. Arati Mallik (Sarkar) and others
----Respondent(s)
L.A. APP. No.13 of 2022
The Deputy Chief Engineer (Construction), N.F. Railway
----Appellant(s)
Versus
Sri Gautam Saha and another
----Respondent(s)
For Appellant(s) : Mr. Asutosh De, Advocate.
For Respondent(s) : Mr. P. Gautam, Advocate,
Mr. Subhash Bhattacharjee, Amicus Curiae.
HON'BLE THE CHIEF JUSTICE(ACTING)
Date of hearing and judgment : 13th January, 2023.
JUDGMENT & ORDER(ORAL)
Heard learned counsel for the respective parties. These
appeals arise in common background. Since facts and issues are identical,
they have been heard together and would be disposed of by this common
judgment.
In L.A. APP. No.60 of 2021
[2] The Government of Tripura had acquired the land measuring
0.88 acres under plot No.1301/P, 1299, 1298, 1297 and 1296/P of khatian
No.99/1 and 99/2 of Mouja-Brajapur, Sub-Division-Bishalgarh, Sepahijala
District belonging to the claimants by a notification No.F.09(02)/REV/
ACQ/XIV/11 dated 25.05.2011 for the purpose of construction of "New
Rail Line" from Agartala to Sabroom. The L.A. Collector, West Tripura
awarded an amount of Rs.12,06,854/- for the acquired land including all
statutory benefits. Dissatisfied with the same, the claimants filed a
reference before learned L.A. Judge who after hearing both sides and
appreciating evidence on record awarded an amount of Rs.14,03,568/- per
kani for the acquired land. Aggrieved thereby, the appellant-N.F. Railway
preferred this appeal. Hence, this case.
In L.A. APP. No.13 of 2022
[3] The Government of Tripura had acquired the land measuring
0.12 acres under plot No.1790/P of khatian No.2754 under Mouja-
Brajapur, Sub-Division-Bishalgarh, Sepahijala District belonging to the
claimant by a notification No.F.09(33)/REV/ACQ/XIV/09 dated 15.10.
2009 for the purpose of construction of "New Rail Line" from Agartala to
Sabroom. The L.A. Collector, West Tripura awarded an amount of
Rs.3,00,000/- for the acquired land including all statutory benefits.
Dissatisfied with the same, the claimant filed a reference before learned
L.A. Judge who after hearing both sides and appreciating evidence on
record awarded an amount of Rs.14,03,568/- per kani for the acquired
land. Aggrieved thereby, the appellant-N.F. Railway preferred this appeal.
Hence, this case.
[4] It is represented by the learned counsel for the appellant that
in the identical matter, viz. in LA APP. No.54 of 2021 titled as The Deputy
Chief Engineer (Construction), N.F. Railway versus Sri Nepal Bhowmik
and another vide judgment and order dated 09.01.2023 this Court had
earlier taken a view in favour of the claimant and confirmed the award
passed by the Court below and dismissed the appeal. The counsel for the
appellant in all fairness has placed the copy of the said judgment and
prayed to pass similar order. For convenience of fair adjudication of the
present appeals, operative portion of the judgment and order passed in LA
APP No.54 of 2021 is extracted hereinbelow:
"Accordingly, the present appeal filed by the
appellant is dismissed and the award dated 16.01.2020
passed by the learned Land Acquisition Judge,
Sepahijala District, Bishalgarh in Misc. (L.A) 90 of 2014
is affirmed. Send down the LCRs forthwith."
[5] In view of the same, both the appeals are disposed of making
the directions contained therein applicable mutatis mutandis to the present
cases also. Resultantly, both the appeals stand dismissed confirming the
awards passed by the learned L.A. Judge. The claimant-respondents are
entitled to compensation at such rates and on such terms as stands
determined by the trial Court. Needless to add, the amount of
compensation if not already released be positively released in favour of the
claimant-respondents unconditionally.
[6] 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
