Tripura High Court
The General Manager (Project) vs Smt Helen Bala Sarkar on 18 January, 2024
IN THE HIGH COURT OF TRIPURA
AGARTALA
L.A. App No.15 of 2023
The General Manager (Project)
National Highways Infrastructural
Development Corporation Limited
(NHIDCL), Ministry of Road Transport
and Highways, Government of India, A
Government of India Undertaking, PMU
Office-Khowai, P.S Khowai, District-
Khowai, PIN- 700201
......... Appellant
-Versus-
1. Smt Helen Bala Sarkar
wife of late Harendra Chandra Sarkar
2. Smti. Chhana Rani Chanda
(Sarkar)
3. Sri Dwijendra Sarkar
4. Smti. Arita Ghosh (Sarkar)
5. Smti. Sabita Bhowmik (Sarkar)
6. Sri Bikash Sarkar
7. Smti. Archana Sarkar
8. Smt. Gouri Dey (Sarkar)
9. Sri Habul Sarkar
10. Smti. Sankamani Sarkar (Choudhury)
11. Sri Bimal Chandra Sarkar
all sons of and daughters of late
Harendra Kumar Sarkar, all are
residents of Rabindranagar, P.S East
Agartala, District-West Tripura
12. Sri Nikhil Saha,
son Nani Gopal Saha, resident of
Rabindranagar, P.S East Agartala,
District-West Tripura
Page 2 of 5
13. Smti. Sita Rani Sarkar,
wife of Bhajan Sarkar, resident of
Rabindranagar, P.S East Agartala,
District-West Tripura
14. The L.A. Collector,
West Tripura, Agartala, P.S. West
Agartala, District- West Tripura
........ Respondents
For the Appellant(s) : Mr. R. Datta, Adv.
For the Respondent(s) : Mr. R. Paul, Adv.
Mr. P. Gautam, Adv.
Date of hearing and delivery of : 18.01.2024
Judgment & order
YES NO
Whether fit for reporting : √
HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA
JUDGMENT & ORDER (ORAL)
Heard Mr. R. Datta, learned counsel appearing for the
appellant as well as Mr. R. Paul, learned counsel appearing for
the claimant-respondent Nos.1 to 13 and Mr. P. Gautam, learned
counsel appearing for the respondent No.14-L.A. Collector.
[2] This appeal arises from the judgment and award
passed by the L.A. Judge, West Tripura, Court No.1, Agartala
dated 16.04.2022 in Misc. (L.A) 265 of 2016.
[3] An area of 0.44 acres of class-Pond(Nal), Embankment
of Pond(Nal), Bastu (Nal) and Nal class under Plot Nos.6499/P,
6505/P, 6506/P, 6500/P, 6498/P, 6502/P, 6499/P, and 6505/P of
Khatian No.2915/1,2,3 under Mouja- Dukli, Sheet No.2/P, West
Tripura District was acquired by the L.A. Collector vide
notification under No.F.9(7)-REV/ACQ/XIV/04 dated 12.02.2004
for the purpose of construction of bypass road from Khayerpur to
Amtali.
[4] The L.A. Collector awarded compensation on the
following rates:
Classes of land Valuation of land per Kani
Bastu (Tilla) Rs.2,50,000/-
Viti (Nal), Viti (Tilla), Rs.2,25,000/-
Viti, Tilla
Nal, Pukurpar(Nal), Rs.2,00,000/-
Pond (Nal), Doba (Nal)
Gopat and Path Rs.20,000/-
[5] After reference under Section 18 of the L.A. Act before
the Court of the L.A. Judge, Court No.1, West Tripura, Agartala,
both the sides adduced their respective evidences and some sale
exemplars were placed into evidence from both the sides. Finally,
the L.A. Judge awarded compensation @Rs.7,00,000/- per kani
for Pukur Par (Nal), Pond(Nal) and Nal classes of land and
@Rs.8,00,000/- per kani for Bastu (Nal class of land).
[6] Being aggrieved by said enhancement, the requiring
department, i.e. National Highways Infrastructure Development
Corporation Ltd. has preferred this appeal.
[7] During hearing, all the learned counsel relied on a
judgment passed by co-equal Bench of this court on 10.05.2023
in L.A. Appeal No.30 of 2022 and submit that this judgment is of
a covered case in relation to acquisition of some land of Viti
(Tilla) under same notification and same Mouja like the present
case in hand. In all fairness, all the learned counsel submit that
the award as passed by the LA Judge may be modified
maintaining parity with the judgment passed in said L.A. Appeal
No.30 of 2022 wherein the compensation was determined @
Rs.3,00,000/- per kani for said Viti (Tilla) class of land.
[8] Keeping in view of the materials, the sale exemplars
proved into evidence by the parties and also the judgment
passed in said L.A. App. No.30 of 2022, all the learned counsel
also submitted that it would just and proper if Rs.3,00,000/- per
kani is awarded for all the classes of land involved in the instant
case.
[9] This Court has considered the submissions of learned
counsel of all sides and the deeds relied upon by the parties
under Exbt.1 & Exbts.A to E. It appears to the Court that
awarding of compensation @Rs.3,00,000/- per kani for all classes
of acquired land involved in this case i.e. Pukur Par (Nal), Pond
(Nal) and for Bastu (Nal class of land) will be just and proper to
the claimants.
[10] In view of the above, the award passed by the L.A.
Judge, West Tripura, Court No.1, Agartala dated 16.04.2022 in
Misc.(LA) No.265 of 2016 is modified to that extent, the
claimants-respondents No.1 to 13 will get compensation for all
the classes of acquired land @Rs.3,00,000/- per kani along with
solatium @30% and other statutory relief/interest as awarded by
L.A. Judge under Sections 23(2), 23 (1A) and 28 of L.A. Act in
the above said judgment and award. The referring claimant also
will get Rs.1,000/- as cost under Section 27 of the Act as
awarded by L.A. Judge.
Accordingly, the appeal is disposed of.
Send down the LCRs forthwith.
Pending application(s), if any, also stands disposed of.
JUDGE
SATABDI Digitally signed by SATABDI
DUTTA
DUTTA Date: 2024.01.20 16:01:21
+05'30'
Sujay
