Tripura High Court
The La Collector And Anr vs Sri Sudhir Deb on 14 August, 2024
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 4
HIGH COURT OF TRIPURA
AGARTALA
LA APPEAL NO.101 OF 2023
The LA Collector and anr.
......Appellant(s)
Versus
Sri Sudhir Deb.
.......Respondent(s)
For the Appellant(s) : Mr. Kohinoor N. Bhattacharjee, G.A.
Mr. P. Gautam, Advocate.
For the Respondent(s) : Mr. S. Lodh, Advocate.
Date of hearing and delivery of
Judgment & Order : 14.08.2024.
Whether fit for reporting : NO.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
J U D G M E N T & O R D E R(ORAL)
This appeal has been filed under Section 54 of the Land
Acquisition Act, 1984 against the Award dated 14.06.2022 passed in
Misc.(L.A.)1/2018 by the learned Land Acquisition Judge, Khowai
Tripura.
2. The brief fact of this case is that the Government of
Tripura on 03.04.2013 notified the acquisition of land measuring
3.36 acres of land to construct RCC Bridge approach road over river
Khowai from Baganbazaar to Santinagar road under Teliamura Sub-
Division in Khowai District. Vide declaration No.F.09(01)-
REV/ACQ/VI/13 dated 06.07.2013, through the L.A Collector,
Khowai Tripura, Agartala acquired 3.36 acres of Jote land out of
which the following land described herein below is of the
respondent:-
i) Area-.04 acre, class of land-Bastu (tilla) Plot No. 2997 (part)
ii) Area-.01 acre, class of land Dukan (tilla) Plot No. 2997
(part)
iii) Area-.03 acre, class of land Bagan (tilla) Plot No. 3001
(part)
iv) Area-.01 acre, class of land path Plot No. 3004 (part),
under Mouja Dwarikapur, Sub Division Teliamura, Tehesil
Kalyanpur, Dist:- Khowai appertaining to khatian No. 482/1-2
3. Thereafter the respondent filed an objection under
Section 18 of L.A. Act for enhancement of the amount of
compensation awarded by L.A. Collector, West Tripura, Agartala
claiming compensation of Rupees Four Lakh per kani. The said
objection was referred to L.A Judge, Khowai Tripura who received
the pleading of the parties.
4. The appellant herein contested the proceeding by filing
counter statement / written objection. The claimant petitioner was
awarded Rs. 1,27,800/- (Rupees One Lakh Twenty Seven Thousand
Eight Hundred) only as compensation for the acquired land which
includes 30% of additional compensation and 12% interest etc.
5. The LA Judge after considering all the evidence on record
justified the claim of the respondent and enhanced the rate of
compensation for the acquired land from Rs. 4,00,000/- (Rupees
Four Lakh) only to Rs. 2,70,00,000/- (Rupees Two Crores Seventy
Lakh) only per kani for land measuring 0.01 acre and Rs.
3,60,00,000/- (Rupees Three Crores Sixty Lakh) only per kani for
land measuring 0.04 acre. For 0.03 acre Bagan (tilla)
@Rs.1,50,00,000/- (Rupees One Crore Fifty Lakh) only per kani
and 0.01 acre land (path) @ Rs.2,00,00,000/- (Rupees Two Crores)
only per kani along with 30% solatium and 12% interest on
enhanced amount of compensation computing from the date of
notification upto date of the award by L.A Collector or date of taking
possession of acquired land whichever is earlier, with further 9%
interest per annum from the date of taking over possession for one
year and thereafter 15% per annum after the expiry of said one
year till payment of the excess amount of compensation.
6. Being aggrieved by and dissatisfied with the Award dated
14.06.2022, the appellants herein preferred this appeal.
7. Mr. P. Gautam, learned counsel appearing for the
appellants submits that the learned L.A. Judge has not assigned any
reason while enhancing the award. The award passed by the
learned Court below is more than the claim submitted by the
claimant. The same does not stand in the eye of the law.
8. On the other hand, Mr. S. Lodh, learned counsel
appearing for the claimant-respondent submits that the Award
passed by the Court below is just and proper and in consonance
with the exemplar of adjacent land sale deeds submitted by the
claimants.
9. Heard and perused the evidence on record.
10. The learned Land Acquisition Judge in the Award dated
14.06.2022, meticulously evaluated all the evidence presented by
both the parties, including the documentary evidence. Particular
importances were the exemplar sale deeds submitted by the
claimants, which formed a crucial basis for the determination of the
fair market value of the acquired land. The enhancement of
compensation was grounded in a proper assessment of the market
value at the time of acquisition, reflecting the prices in comparable
sales in the vicinity. This Court finds no reason to interfere in the
Award dated 14.06.2022 as the same is just and proper.
11. Accordingly, the Award dated 14.06.2022 is confirmed
and the present appeal stands dismissed. As a sequel, stay if any
stands vacated. Pending application(s), if any also stands closed.
JUDGE
suhanjit
RAJKUMAR Digitally signed by
RAJKUMAR SUHANJIT
SUHANJIT SINGHA
Date: 2024.08.17 14:32:14
SINGHA +05'30'
