Tripura High Court
The General Manager (Project) vs Smt. Sikha Roy And Anr on 9 October, 2023
Page 1 of 4
HIGH COURT OF TRIPURA
AGARTALA
LA APP NO.17 OF 2023
The General Manager (Project),
National Highway Infrastructural Development Corporation Ltd.
......... Appellant(s)
Vs.
Smt. Sikha Roy and anr.
........Respondent(s)
For the Appellant(s) : Mr. R. Datta, Advocate.
For the Respondent(s) : Mr. P.S. Roy, Advocate.
Mr. R. Paul, Advocate.
Date of hearing and delivery of
Judgment & Order : 09.10.2023.
Whether fit for reporting : NO.
HON'BLE MR JUSTICE T. AMARNATH GOUD
JUDGMENT AND ORDER(ORAL)
This present appeal has been filed under Section 54 of
the Land Acquisition Act, challenging the legality, propriety, and
validity of the Judgment & Award dated 28.03.2022 passed by the
learned Land Acquisition Judge, West Tripura, Agartala in Misc.
L.A.335 of 2016
2. The brief fact of this case is that at the instance of the
claimant-respondent, the Land Acquisition Collector, West Tripura,
Agartala has referred the case of award of compensation to the
learned Court of L.A. Judge, West Tripura, Agartala, vide Case No.
Misc.L.A.335 of 2016 in connection with the land in question
described in District-West Tripura, Sub- Division- Sadar, Mouja-
Dukli, sheet No.2/p, Khatian No. 2489/1, 2 under plot No.5536,
5515/p, 5514/p, 5630 and 5631, Class- viti(nal), pukurpar(nal) and
pond(nal) and area-0-27 acre.
3. The said land was acquired for the purpose of
construction of by-pass road from Khayerpur to Amtali at Mouja and
T.K.- Dukli, Sub-Division erstwhile Bishalgarh, presently Sadar, under
West Tripura District vide Notification No.F9(7)-REV/ACQ/XIV/04
dated 12.02.2004 allowing a compensation @ Rs.5,62,500/- and
Rs.5,00,000/- per acre i.e. @ Rs.2,25,000/- and Rs.2,00,000/- per
kani respectively i.e., total amount of Rs.1,96,118/- along with
solatium and admissible interest etc.
4. The appellant herein contested the claim by filing a joint
written statement before the learned Court of L.A. Judge stating inter
alia that the claimant-respondent has been paid appropriate
compensation as per the market value of the land and also
considering the relevant documents along with the mandatory
provisions of L.A. Act.
5. After hearing both parties, the learned L.A. Judge
enhanced the rate of compensation @ Rs.8,00,000/- per kani for
viti(nal) class of land and @ Rs.7,00,000/- per kani for both pukur
par(nal) and poud(nal) class of land along with statutory benefits.
6. Being aggrieved and dissatisfied by the impugned
Award dated 28.03.2022, passed by the learned L.A. Judge, West
Tripura, Agartala, the appellant has preferred this present appeal for
setting aside/quash and modify the impugned award dated
28.03.2022 and to pass an appropriate order, for the fair ends of
justice. Further, the appellant prayed for stay of the operation of the
impugned Award dated 28.03.2022 passed by the L.A. Judge.
7. Heard Mr. R. Datta, learned counsel appearing for the
appellant as well as Mr. R. Paul, learned counsel appearing for the
claimant-respondent, and Mr. P.S. Roy, learned counsel appearing for
the respondent-L.A. Collector.
8. Mr. R. Datta, learned counsel appearing for the
appellant submits that in the present case, the land in question which
was acquired by the appellant from the respondent-claimant is non-
commercial areas and cannot be compensated with such higher rates.
The fact of the present case is squarely covered by the Judgment and
Order passed by this Court in LA App No.30 of 2022 dated
10.05.2023.
9. On the query of this Court, Mr. R. Paul, learned counsel
appearing for the claimant respondent also submits that the matter is
covered by the Judgment and Order dated 10.05.2023 passed by this
Court in L.A. App No.30 of 2022.
10. Heard and perused the evidence on record.
11. It is represented by both sides, that the subject matter
involved in this appeal has already been decided by this Court in L.A.
App No.30 of 2022 and other matters by reducing the amount of
compensation of Rs.8,00,000/- per kani granted by the L.A. Court to
Rs.3,00,000/- per kani.
Accordingly, in view of the above fact, this present
appeal filed by the appellant-The General Manager (Project) National
Highway Infrastructural Development Corporation Ltd., is allowed
to the extent indicated above in terms of the Judgment and Order
dated 10.05.2023 passed in L.A. App No.30 of 2022.
12. Registry is directed to enclose the copy of the Judgment
and Order dated 10.05.2023 passed in L.A App No.30 of 2022 along
with this instant appeal.
13. As a sequel, stay if any stands vacated. Pending
application(s), if any also stands closed.
JUDGE
suhanjit
RAJKUMAR Digitally
RAJKUMAR
signed by
SUHANJIT SUHANJIT SINGHA
Date: 2023.10.12
SINGHA 16:14:20 +05'30'
