Tripura High Court
The General Manager (Project) vs Smti Mala Rani Saha on 14 March, 2024
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
LA App. No. 52 of 2023
The General Manager (Project)
National Highways Infrastructure
Development Corporation Ltd, (NHIDCL)
Ministry of Road, Transport & Highways,
A Government of India Undertaking,
PMU Office-Khowai, 2nd Floor (C/O, Jahar Nag),
Ganki, Khowai, PS-Khowai,
District-Khowai, Tripura, Pin-799201.
.......... Appellant
VERSUS
1. Smti Mala Rani Saha
Wife of Dhirendra Chandra Saha
Resident of Rabindranagar,
PS-East Agartala,
District-West Tripura.
2. Sri. Ratan Chandra Ghosh
Son of late Prasanna Kumar Ghosh
Resident of Barindranagar,
PS-East Agartala,
District-West Tripura.
3. The Land Acquisition Collector,
West Tripura, District-Agartala.
.........Respondent
For Appellant(s) : Mr. P Majumder, Advocate.
For Respondent(s) : Mr. R Paul, Advocate.
Mr. A Acharjee, Advocate.
Mr. D Saha, Advocate.
HON'BLE MR. JUSTICE S.D. PURKAYASTHA
JUDGMENT & ORDER (ORAL)
14/03/2024
Heard Mr. P Majumder, learned counsel appearing for the
appellant as well as Mr. R Paul, learned counsel appearing for the
Respondent-Claimants No.1 & 2 and Mr. A Acharjee, learned counsel
appearing for the Respondent No.3 (LA Collector).
2. All the learned counsel have submitted that concerning
acquisition of other lands under same notification and same mouja,
award was passed by this Court determining the value of land @
Rs.3,00,000/- per kani and therefore, similar rate may be maintained in
this case also.
3. In this regard, Mr. Majumder, learned counsel for the
appellant has referred to the judgment of this court passed in LA
App.30 of 2022 dated 10.05.2023.
4. Considered the submissions.
5. An area of 0.01 acre of Nal class of land from Plot No.5484
of Mouja Dukli, Sheet No.2/P, was acquired by the government vide
Notification No.9.(7)-REV/ACQ/XIV/04 dated 12.02.2004. The LA
Collector determined the compensation for Nal class of land @
Rs.2,00,000/- per kani. Ld. LA Judge, West Tripura, Agartala on
reference under Section 18 of the LA Act enhanced the rate and
determined the land valuation @ Rs.7,00,000/- per kani. During hearing
before the Ld. LA Judge the claimant Ratan Chandra Ghosh relied on a
single deed bearing No.1-977 dated 02.02.2002 where Viti (Tila) class
of land was sold for Rs.50,000/- i.e @ Rs.5,00,000/- per kani and said
document also does not justify the award passed by the learned LA
Judge. From the side of LA Collector also, no sale exemplar was proved.
6. Anyway from the judgment passed by this court in LA App.
No. 30/2022, as referred, it appears that earlier this court determined
the compensation of Viti (Tila) class of land @ Rs.3,00,000/- per kani in
relation to the same notification of acquisition and thereafter, also in LA
App. No.42/2023 decided on 23.02.2024 with LA App. No.48/2023, LA
App. No. 61/2023 and LA App. No. 62/2023, similar rate was
maintained by this court for Nal and other classes of land too.
7. Considering the fact that there is no cogent evidence to
justify the higher rate given by learned LA Judge and also considering
the fact that uniformity as maintained by this court in determining the
valuation of the land in other cases relating to said acquisition in
respect of Mouja Dukli under Sheet No.2/P, it is held that the claimant-
respondents in this case also will get compensation for land @
Rs.3,00,000/- per kani, along with other statutory benefits like
solatium, additional compensation, interest and cost in terms of the
award passed by learned LA Judge, in his award dated 29.04.2022.
8. The appeal is accordingly allowed.
Pending application(s), if any, also stand disposed of.
Reconsign the LCR with copy of this judgment.
JUDGE
SATABDI DUTTA Digitally signed by SATABDI DUTTA
Date: 2024.03.15 15:17:03 +05'30'
Satabdi
