Tripura High Court
By Advocate vs Smt. Mala Rani Saha on 24 May, 2024
HIGH COURT OF TRIPURA
AGARTALA
L.A. App. No.55 of 2023
L.A. App. No.59 of 2023
In L.A. App. No.55 of 2023
The General Manager (Project)
National Highways Infrastructure Development
Corporation Ltd, (NHIDCL) Ministry of Road,
Transport & Highways, a Government of India
Undertakings, PMU Office- Khowai, 2nd Floor (C/O-
Jahar Nag), Ganki, Khowai, P.S. Khowai, District-
Khowai, Tripura, PIN-799201
By Advocate:
Mr. P. Majumder, Adv.
......... Appellant(s)
-Versus-
1. Smt. Mala Rani Saha,
wife of Dhirendra Chandra Saha, resident of
Rabindranagar, P.S. East Agartala, District-West
Tripura
2. Smt. Sarujini Ghosh,
wife of late Prasanna Kumar Ghosh, resident of
Rabindranagar, P.S. East Agartala, District-West
Tripura
3. The Land Acquisition Collector,
West Tripura District, Agartala
By Advocate:
Mr. A. Acharjee, Adv.
Mr. R. Paul, Adv.
In L.A. App. No.59 of 2023
The General Manager (Project)
National Highways Infrastructural Development
Corporation Ltd, (NHIDCL) Ministry of Road,
Transport & Highways, Government of India
Undertakings, PMU Office- Khowai, P.S. Khowai,
District- Khowai Tripura, PIN-799201
By Advocate:
Mr. N. Majumder, Adv.
Mr. S. Roy, Adv.
......... Appellant(s)
Page 2 of 6
-Versus-
1(a). Late Kalidasi Karmakar,
[As per the Court's order dated 09.01.2024
passed in I.A. No.03 of 2024 in L.A. App.
No.59 of 2023, the name of the deceased
respondent 1(a), namely Kalidasi Karmakar
was struck off and her legal representatives
are respondents No.1(b) to 1(g) below]
1(b). Sri Pradip Karmakar,
son of late Khirode Chandra Karmakar of
Rabindranagar, P.O. Rabindranagar, P.S.
East Agartala, District- West Tripura
1(c). Sri Bhulu Karmakar,
son of late Khirode Chandra Karmakar of
Rabindranagar, P.O. Rabindranagar, P.S.
East Agartala, District- West Tripura
1(d). Smt. Shibani Karmakar,
daughter of late Khirode Chandra Karmakar
of Rabindranagar, P.O. Rabindranagar, P.S.
East Agartala, District- West Tripura
1(e). Smt. Bhabani Ghosh (Karmakar),
daughter of late Khirode Chandra Karmakar
of Rabindranagar, P.O. Rabindranagar, P.S.
East Agartala, District- West Tripura
1(f). Smt. Dulali Sutradhar (Karmakar),
daughter of late Khirode Chandra Karmakar
of Rabindranagar, P.O. Rabindranagar, P.S.
East Agartala, District- West Tripura
1(g). Smt. Shefali Sutradhar (Karmakar),
daughter of late Khirode Chandra Karmakar
of Rabindranagar, P.O. Rabindranagar, P.S.
East Agartala, District- West Tripura
-Above all are the Legal heirs and
representatives on the death of Kshirode
Chandra Karmakar
2(a). Smt. Chandra Bala Karmakar,
wife of late Nirode Chandra Karmakar of
Rabindranagar, P.O. Rabindranagar, P.S.
East Agartala, District- West Tripura
Page 3 of 6
2(b). Smt. Kalpana Karmakar,
daughter of late Nirode Chandra Karmakar
of Rabindranagar, P.O. Rabindranagar, P.S.
East Agartala, District- West Tripura
2(c). Sri Nirmal Karmakar,
son of late Nirode Chandra Karmakar of
Rabindranagar, P.O. Rabindranagar, P.S.
East Agartala, District- West Tripura
2(d). Smt. Purnima Karmakar,
daughter of late Nirode Chandra Karmakar
of Rabindranagar, P.O. Rabindranagar, P.S.
East Agartala, District- West Tripura
2(e). Smt. Anjana Karmakar,
daughter of late Nirode Chandra Karmakar
of Rabindranagar, P.O. Rabindranagar, P.S.
East Agartala, District- West Tripura
2(f). Sri Kartick Karmakar,
son of late Nirode Chandra Karmakar of
Rabindranagar, P.O. Rabindranagar, P.S.
East Agartala, District- West Tripura
-Above all are the Legal heirs and
Representative on the death of Nirode
Chandra Karmakar
3. Sri Bhulu Karmakar,
son of late Khirode Chandra Karmakar of
Rabindranagar, P.O. Rabindranagar, P.S.
East Agartala, District- West Tripura
4. Sri Chandan Ghosh,
son Anil Ghosh of Rabindranagar, P.O.
Rabindranagar, P.S. East Agartala, District-
West Tripura
5. The Land Acquisition Collector
West Tripura, Government of Tripura, Old
Secretariat Building, P.O. Agartala, P.S.
West Agartala, District- West Tripura
By Advocate:
Mr. D.C. Saha, Adv.
_____________________________________________________
Date of hearing & delivery of : 24.05.2024
Judgment & order
YES NO
Whether fit for reporting : √
Page 4 of 6
HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA
JUDGMENT & ORDER (ORAL)
Both the appeals are disposed of by a common judgment as
the lands involved in both the appeals were acquired by the same
notification and from same mouja and for the same purpose, by the
State Government.
[2] Heard Mr. P. Majumder, learned counsel appearing for the
appellant as well as Mr. A. Acharjee, learned counsel appearing for the
L.A. Collector and Mr. R. Paul, learned counsel appearing for the
claimant-respondents in L.A. App. No.55 of 2023.
[3] Also Heard Mr. N. Majumder, learned counsel appearing for
the appellant as well as Mr. D.C. Saha, learned counsel appearing for
the L.A. Collector in L.A. App. No.59 of 2023. None appears for the
claimant-respondents.
[4] All the learned counsel submit that concerning the lands
acquired from the same mouja under same notification, earlier this
Court passed a judgment awarding a compensation @ Rs.3,00,000/- per
kani for all classes of land and therefore, in similar line necessary award
may be passed by this Court in both the appeals.
[5] In L.A. App. 55 of 2023, an area of 0.001 acre of Nal class of
land of plot No.5485 of Khatian No.2084 of Mouja-Dukli, sheet No.2(P)
was acquired vide notification No.9(7)-REV/ACQ/XIV/04 dated
16.03.2004 for the purpose of construction of Bye-pass road. The L.A
Collector for the acquired land assessed the compensation at the
following rates:
Classes of land Valuation of land per
Kani
Bastu (Tilla) Rs.2,50,000/-
Viti (Nal), Viti (Tilla), Viti, Tilla Rs.2,25,000/-
Nal, Pukurpar (Nal), Pond (Nal), Doba Rs.2,00,000/-
(Nal)
Gopat and Path Rs.20,000/-
Learned L.A. Judge on reference under Section 18 of the L.A.
Act assessed the compensation @ Rs.7,00,000/- per kani in the instant
case for Nal class of land.
[6] In L.A. App. No.59 of 2023 an area of 0.08 acres of class-
Bastu(Nal) of plot No.5537 & 5537(P) of Khatian No.287 of Mouja-Dukli,
sheet No.2(p) was acquired by the above said notification for the same
purpose of construction of Bye-pass road and compensation was
awarded by L.A. Collector at the similar rate as indicated above.
Learned L.A. Judge in this case awarded compensation
@Rs.8,00,000/- per kani for Bastu(Nal) class of land along with other
statutory reliefs.
[7] In both the cases, the claimant(s) relied on a sale deed
bearing No.1-977 dated 02.02.2002 wherein 2 gandas of land from RS
plot No.5585 of a different Mouja, namely Anandanagar mouja was
transacted for Rs.50,000/- i.e. @Rs.5,00,000/- per kani. It was also
observed by the learned LA Judge that no map was submitted by the
claimant(s) in these cases and from the side of the L.A. Collector though
one witness namely, Narendra Ch. Deb was examined but no
documentary evidence was adduced.
[8] However, this Court in L.A. App. No.52 of 2023 considering
the similarly situated facts, has decided the compensation
@Rs.3,00,000/- per kani for Nal class of land and in L.A. App. No.42 of
2023 decided analogously with other 3[three] appeals has determined
the compensation at the similar rate for all classes of acquired land.
[9] Keeping in view of the above facts and also to maintain the
uniformity in granting compensation to the land loosers, it is hereby
ordered that the claimant(s) in both the present appeals will get
compensation @Rs.3,00,000/- per kani for their acquired lands along
with solatium, additional compensation, interest and cost in terms of the
award passed by learned L.A. Judge, Court No.1, West Tripura, Agartala
under Sections 23(2), 23(1)(A), 27 and 28 of the L.A. Act.
Both the appeals are disposed of accordingly.
Pending application(s), if any, also stands disposed of.
Send down the LCRs with a copy of this order.
JUDGE
SUJAY GHOSH GHOSH
Date: 2024.05.29 11:13:57 +05'30'
Sujay
