Tripura High Court

The General Manager Project vs Sri Harekrishna Lodh & Anr on 4 October, 2023

                         HIGH COURT OF TRIPURA
                               AGARTALA

                            LA.App 21 of 2023

The General Manager Project

                                                           ---Appellant(s)
                                   Versus

Sri Harekrishna Lodh & Anr.
                                                        ---Respondent(s)

For Appellant(s) : Mr. N. Majumder, Advocate.

For Respondent(s)               : Mr. P. Gautam, Advocate.

            HON'BLE MR. JUSTICE T. AMARNATH GOUD

                                   Order

04.10.2023.

This is an appeal under Section 54 of the Land Acquisition

Act, challenging Judgment & Award dated 07-05-2022 passed by the

learned LA. Judge, West Tripura, Agartala, in Case No.Misc.(L.A) 355

of 2016 whereby the learned Land Acquisition Judge has awarded

compensation grossly in the higher side ignoring the evidence or

record.

[2] The following land of the claimant was acquired by the O.P.

No.2, L.A. Collector, West Tripura, Agartala vide notification no.F.9(7)-

REV/ACQ/XIV/04 dated 12.02.2004 under Section 4 of the L.A. Act,

1894 for the purpose of construction of Bye Pass Road from Khayerpur

to Amtali under Bishalgarh Sub-Division now Sadar Sub- Division in

West Tripura District.

Description of acquired land

District-West Tripura, Sub-Division - Sadar, Mouja - Dukli sheet no.2/p, Khatian no.3485 under plot no.5473/p, Class -- nal, area-0.01 acre.

[3] The compensation of the acquired land was assessed by

the L.A. Collector, West Tripura @ Rs.5,00,000/- per acre i.e. @

Rs.2,00,000/- per kani and the total amount of Rs.7,197/- was

awarded to the referring claimant including all other statutory reliefs.

Being dissatisfied, the referring claimant prayed for reference and

ultimately, the proceeding has cropped up before the court below.

[4] The claimant by filing claim statement sought for

enhancement of the award given by the L.A. Collector on the ground

that the acquired land is most valuable land and it has unique features

in regards of its position or potentialities and the area is also

developed one. Moreover, most of the awardees have their homestead

within the acquired land. Further, the acquired land having its highest

potentialities both for commercial and industrial purposes. The

acquired land is compact parcel of land surrounded by road and sub

roads which is connected with the Khayerpur Amtali main Road and it

has higher potentiality for communication purpose. There is a big

market namely Bankumari Market near to the acquired land and the

acquired land is situated within commercial area. The acquired land

has all types of modern amenities like Water connection, Electricity

connection, Telephone facility, Bank, Hospital, Police Station, High

Schools, Bus Stand, Auto Stand, Jeep Stand, Railway Station,

University etc. Further, the acquired land is situated very near to

Agartala Town and the market value of the adjacent lands has been

increasing day by day. At present the market value of the acquired

land is at the rate of Rs.20,00,000/- per kani. But the L.A. Collector

ignoring all these aspects, determined the market value of the

acquired land @ Rs.2,00,000/- per kani arbitrarily. Being aggrieved,

the claimant approached the court below for assessment of the market

value of the acquired land at the rate of Rs.20,00,000/- per kani.

[5] O.P. No.1, requiring department i.e. the General Manager,

National Highways Infrastructure Development Corporation Ltd.,

Ministry of Road Transport & Highways, Govt. of India, filed their

counter statement stating inter alia that the referring claimant was in

possession of land measuring 0.01 acre of nal class of land situated at

Mouja Dukli sheet No.2/p under Khatian No.3485 of plot No.5473/p

which was acquired by the L.A. Collector vide Notification bearing

No.F.9(7)-REV/ACQ/XVI/2004 [may be No.F.9(7) REV/ACQ/XIV/04]

dated 12.02.2004 for construction of By-Pass Road from Khayerpur to

Amtali under Sadar Sub-Division and after careful consideration of all

the relevant factors as well as documents, determined the market

value of the acquired land and the assessment made by the L.A.

Collector is just and proper which was made after comparison with

various sale instances and the prevailing market rate of the adjacent

land of the claimant. So, the claim of the claimant may be dismissed.

[6] The O.P. No.2, L.A. Collector, West Tripura, Agartala, filed

their counter statement stating inter-alia that the referring claimant

was in possession of landed properties at Mouja Dukli Sheet No.2/p

under Khatian No.3485 of plot No.5473/p for land measuring 0.01 acre

of nal class of land which was acquired by virtue of Notification bearing

No.F.9(7)-REV/ACQ/XIV/2004 dated 12.02.2004 for construction of

Bye Pass Road from Khayerpur to Amtali under Sadar Sub-Division in

West Tripura District. They also stated that after due consideration of

the relevant documents as well as mandatory provision of the L.A. Act,

determined the market value of the acquired land at the highest side.

[7] The learned court below in consideration of the pleadings

of the parties framed the following issues:

ISSUES

(1) Is the award given by the L.A. Collector, West Tripura, inadequate? If so, what should be the just amount of compensation and who is/are to pay the same?

(2) To what other reliefs the parties are entitled ?

[8] The learned court below after examining the pleadings and

documents so placed before him, has observed in the following

manner:

In the result, the application of the referring claimant for enhancement of award is allowed. It is hereby directed that the referring claimant is entitled to get compensation @ Rs.7,00,000/- (Rupees Seven Lakh) per kani for nal class of land. The referring claimant will also get 30% solatium and 12% further enhanced amount of compensation upon the said enhanced land value computing from the date of notification under Section 4 of L.A. Act, 1894 till the date of award by the Collector or the date of taking possession of land whichever is earlier, as per Section 23(2) and Section 23(1-A) of the Act respectively. The referring claimant will further get interest @ 9% per annum from the date of taking over possession for one year and thereafter @ 15% per annum after expiry of said one year till the date of payment upon the said enhanced amount of compensation as per Section 28 of the Act. As per law laid down by the Hon'ble Supreme Court in Mehrawal Khewaji Trust, Faridkot & Ors. V. State of Punjab & Ors, 2012 AIR SCW 2822, the interest will also be counted on additional amount as awarded under Section 23(1-A) above and upon the solatium awarded under Section 23(2) of the Act.

[9] Aggrieved by such award, the appellant herein has filed

this present appeal to set aside and quash the said judgment aware

dated 07.05.2022.

[10] Heard Mr. N. Majumder, learned counsel appearing for the

appellant also heard Mr. P. Gautam, learned counsel for the

respondent No.2. None appears for the respondent No.1 when the

matter is called out.

[11] Today, at the very outset, when the matter is taken up for

consideration, Mr. N. Majumder, learned counsel appearing for the

appellant has placed on record the copies of the order dated

10.05.2023 passed in LA.App 30 of 2022 and order dated 03.08.2023

passed in LA.App 01 of 2023 stating that the present case is hand is