The State Of Tripura vs Anil Plantations Private Limited
2023 Latest Caselaw 71 Tri

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                    HIGH COURT OF TRIPURA
                      _A_G_A_R_T_A_L_A_
                         LA APP No.55 of 2021
1. The State of Tripura, Represented by the Secretary to the Government of
Tripura, Higher Education Department, New Civil Secretariat Building,
P.O.-Secretariat, P.S.-New Capital Complex, Agartala, District:-West
Tripura.
2. The Director, Higher Education Department, Government of Tripura,
Agartala, Office Lane, P.O.-Agartala, District:-West Tripura, Pin-799001.
3.   The Land Acquisition Collector, Sepahijala District, Tripura,
Government of Tripura, Bisramganj, P.O. & P.S.-Bisramganj, District:-
Sepahijala, Pin:-799103.
                                               ......Appellant(s)
                            VERSUS
Anil Plantations Private Limited, Owner of Harishnagar Tea Estate, P.O.:-
Bishalgarh, P.S.:-Bishalgarh, District:-Sepahijala, Pin-799102.
                                                        ......Respondent(s)

For Appellant(s)         :      Mr. Nepal Majumder, Advocate.
For Respondent(s)        :      Mr. G.K. Nama, Advocate.

            HON'BLE THE CHIEF JUSTICE (ACTING)
             Date of hearing and Judgment : 16th January, 2023.
                    JUDGMENT & ORDER(ORAL)

Heard Mr. Nepal Majumder, learned counsel appearing for the

appellants-State and also heard Mr. G.K. Nama, learned counsel appearing

for the learned respondent-claimant.

[2] The present appeal has been filed by the appellants-State

under Section 54 of the Land Acquisition Act, 1894 challenging the award

dated 29.01.2020 passed by the learned Land Acquisition Judge, Sepahijala

District, Bishalgarh in Misc(L.A) 174 of 2014 wherein the learned Judge

awarded an amount of Rs.18,00,000/- per kani to the claimant along with

other statutory benefits.

[3] Brief facts are as under :

The Land Acquisition Collector on behalf of Government of

Tripura had acquired the land measuring 1.09 acres under Mouja-

Gokulnagar, Sub-Division-Bishalgarh, Sepahijala District belonging to

the claimant by a notification No.F.09(05)/REV/ACQ/XIV/12 dated

05.10.2012 for the purpose of construction of approach road from NH 44

to Kamalasagar road to General Degree College, Bishalgarh under

Bishalgarh Sub-Division. The L.A. Collector, West Tripura awarded an

amount of Rs.39,65,768/- 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.18,00,000/- per kani for the

acquired land. Aggrieved thereby, the appellants-State has preferred this

appeal. Hence, this case.

[4] Mr. Nepal Majumder, learned counsel appearing for the

appellants-State submits that the learned L.A Judge committed an error in

determining the market value of the acquired land. He further submits that

the learned L.A. Judge did not assign any reason in deciding the quantum

of compensation for the acquired land and passed a whimsical judgment

which is against the spirit of law. He further contends that the claimant at

the time of adducing evidence has submitted some exemplar sale deeds for

showing the present market value of the land but the sale deeds submitted

by the claimant are of very small quantum of land and registered on

11.12.2013, i.e. much later the date of notification of the acquired land on

05.10.2012 meaning thereby the acquisition was done in the year 2012

whereas the land under exemplar sale deeds was sold in the year 2013 for

which the same cannot be compared to the present acquisition of the land

for determining compensation. On the contrary, the L.A. Collector

produced four sale deeds @ Rs.10,00,000/- per kani which were in the

close vicinity of the acquired land but the L.A. Judge did not consider the

same while determining the award. Accordingly, he prays for setting aside

of the award dated 29.01.2020 passed by the learned Land Acquisition

Judge, Sepahijala District, Bishalgarh in Misc (L.A) 174 of 2014.

[5] On the other hand, Mr. G.K. Nama, learned counsel appearing

for the respondent-claimant in rebuttal to the submission advanced by the

learned counsel for the appellants contends that the exemplar sale deeds

produced were not much later than that from the date of notification of the

acquired land and on consideration of the same, learned L.A. Judge

deducted 70% as standard deduction while passing the award. He also

contends that the acquired land is situated just near the Agartala-Udaipur

main road and the same is readily available as building site for construction

and as such, the land has got much potential value. Accordingly, he

contends that the learned L.A. Judge has rightly passed the award after

appreciating the evidence on record and the same needs no interference and

prays for dismissal of the instant appeal.

[6] After hearing the learned counsel for the respective parties,

this Court is of the considered view that the learned L.A. Judge has not

appreciated the documents of Exhibits-1 and 2 which have been registered

after the notification and the extent of land which are the subject matter of

the sale deeds registered after the notification in 2013.

[7] Accordingly, the award dated 29.01.2020 passed by the

learned Land Acquisition Judge, Sepahijala District, Bishalgarh in

Misc(L.A) 174 of 2014 is set aside and the same is remanded back to the

trial Court to decide the matter afresh. The learned Court below may decide

the matter in its entirety. The appellant is at liberty to take steps for

withdrawing the fixed deposits as per procedure.

[8] In view of the above, the appeal stands allowed and disposed

of. The interim order which is granted in favour of the claimant earlier

stands vacated. Send down the LCRs forthwith.

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

CHIEF JUSTICE (ACTING)

Dipesh