Tripura High Court
High Court Of Tripura vs The Deputy Chief Engineer (Con) ... on 28 March, 2023
Page 1 of 4
HIGH COURT OF TRIPURA
AGARTALA
Review Pet. No.14/2023
Smti. Rakhi Debbarma
----Petitioner(s)
Versus
The Deputy Chief Engineer (Con) and another
-----Respondent(s)
For Petitioner(s) : Mr. Saugat Datta, Advocate.
For Respondent(s) : None.
HON'BLE THE CHIEF JUSTICE (ACTING)
Order
28/03/2023
Heard Mr. Saugat Datta, learned counsel appearing for the
review petitioner.
2. This review petition is filed by the review petitioner under
Section 114 read with Order XLVII Rule 1 read with Section 151 of the
Code of Civil Procedure along with Tripura High Court Rules seeking
review of the judgment and order dated 07.02.2023 passed by this Court in
L.A. APP. No.35 of 2021 with regard to modification of the interest on the
enhanced amount of compensation with all statutory dues @ 9% per annum
from the date of possession till one year and @ 15% per annum from the
date of expiry of one year till the date of payment of enhanced amount.
3. The background facts of the case, in brief, are that the review
petitioner was the owner of a land measuring 3 acres with 600 nos. of
matured rubber trees thereon. The L.A. Collector, Sepahijala District
acquired the said land for the purpose of extension of Rail line and awarded
Rs.20,000/- per kani for the acquired land and Rs.140/- for each of the
rubber trees. Being dissatisfied, petitioner filed petition before the learned
L.A. Judge, Sonamura for enhancement of compensation whereby the
learned Judge vide judgment and award dated 07.04.2018 enhanced the
compensation @ Rs.50,000/- per kani for the acquired land and @ Rs.200/-
per rubber tree along with interest @ 9% per annum from the date of
possession till one year and @ 15% per annum from the date of expiry of
one year till payment. Petitioner again preferred an appeal being L.A. APP.
No.35 of 2021 before this Court for enhancement of the rate of rubber trees
from Rs.200/- to Rs.4,200/-, however, this Court vide judgment and order
dated 07.02.2023 enhanced the rate of rubber trees from Rs.200/- to
Rs.3,200/- along with interest on the enhanced amount from the date of
filing of the appeal. But as per L.A. Act, the petitioner is entitled to get
interest from the date of possession of the acquired land. Aggrieved thereby,
the petitioner has preferred this review petition. Hence, this case.
4. Mr. Saugat Datta, learned counsel for the review petitioner,
contends that vide judgment and order dated 07.02.2023 passed in L.A.
APP. No.35 of 2021 the petitioner was awarded compensation @ Rs.3,200/-
per rubber tree and the interest on the enhanced amount was ordered to be
computed from the date of filing of the appeal. Learned counsel also
contends that as per Section 28 of the L.A. Act, 1894 the interest on the
enhanced amount of compensation with all statutory dues shall be @ 9% per
annum from the date of possession of the acquired land till one year and @
15% per annum from the date of expiry of one year till the date of payment
of enhanced amount. Accordingly, he prays for review of the impugned
judgment and order dated 07.02.2023 by modifying the interest on the
enhanced amount from the date of possession of the acquired land as per the
L.A. Act mentioned hereinabove.
5. Having heard the submission of the learned counsel for the
review petitioner, this Court is of the considered view that as per Section 28
of the L.A. Act the review petitioner is entitled to get interest on the
enhanced amount of compensation with all statutory dues @ 9% per annum
from the date of taking possession of the acquired land till one year and @
15% per annum from the date of expiry of one year till the date of payment
of enhanced amount. Accordingly, it is ordered.
6. In terms of above, the review petition is allowed and
accordingly disposed of.
Pending application(s), if any, also stands disposed of.
CHIEF JUSTICE (ACTING)
Pulak
