Tripura High Court
The General Manager (Project) vs Sri Swapan Chandra Dey on 24 May, 2024
HIGH COURT OF TRIPURA
AGARTALA
L.A. App. No.39 of 2023
The General Manager (Project)
National Highways Infrastructural Development
Corporation Ltd, (NHIDCL) Ministry of Road,
Transport & Highways, a Government of India
Undertakings, PMU Office-Khowai, P.S. Khowai,
District- Khowai, Tripura, PIN-799201
...... Appellant(s)
Versus
1. Sri Swapan Chandra Dey
son of late Jatish Dey of Uttar Champamura,
P.O. Bodhjungnagar, District- West Tripura
2. The L.A. Collector
West Tripura, Agartala, P.S. West Agartala,
District- West Tripura
...... Respondent(s)
For the Appellant(s) : Mr. S. Ghosh, Adv.
For the Respondent(s) : Mr. U.K. Majumder, Adv.
Mr. T.K. Choudhury, Adv.
Date of hearing & delivery of : 24.05.2024
Judgment & order
YES NO
Whether fit for reporting : √
HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA
JUDGMENT & ORDER (ORAL)
Heard Mr. S. Ghosh, learned counsel appearing for the
appellant as well as Mr. U.K. Majumder, learned counsel appearing for
the claimant-respondent No.1 and Mr. T.K. Choudhury, learned counsel
appearing for the L.A. Collector-respondent No.2.
[2] This appeal arises out of the award dated 10.08.2022 passed
in Misc. L.A. 49 of 2017 by learned L.A Judge, Court No.4, West Tripura,
Agartala.
[3] An area of 0.06 acres of Class-Bastu (Tilla) of Plot
No.7281(P) of Khatian No. 2235 of Mouja-North Champamura, sheet
No.3(P) was acquired by the government vide Notification No.9(44)-
REV/ACQ/VI/2000 dated 22.03.3022 for the purpose of construction of
Bye-pass road from Khayerpur to Amtali under Sadar Sub-Division. The
L.A. Collector awarded compensation at flat rate of Rs.25,000/- [Rupees
Twenty Five thousand] per kani for all classes of land and being
aggrieved thereby, the claimants sought for reference before the L.A.
Judge and accordingly, the matter was so referred.
[4] Learned L.A. Judge vide impugned award determined the
compensation @ Rs.8,00,000/- (Rupees Eight lakh) per kani and also
awarded other statutory reliefs, namely solatium, additional
compensation, interest etc. Being aggrieved thereby, this appeal has
been preferred by the requiring department.
[5] During hearing, all the learned counsel submit that
concerning the same acquisition of lands of said Mouja-North
Champamura, learned L.A. Judge passed different awards against which
several appeals were preferred by the requiring department in this
Court which were dismissed by affirming the award of the L.A. Judge
and therefore, in similar line necessary order may be passed in this
appeal. They have also referred a decision of this Court passed in the
General Manager (Project) vs. Sri Sunil Ch. Dey and another,
[judgment and order dated 09.04.2024 in L.A. App. No. 35 of 2023] and
5[five] other connected L.A appeals.
[6] Considered the submissions.
[7] From the above judgment passed in L.A. App. No.35 of 2023,
it appears that earlier also in L.A. App. No.14 of 2023, L.A. App. No.43
of 2023 and L.A. App. No.44 of 2023 and in some other appeals, similar
view was taken by this Court affirming the judgment of the L.A Judge. It
was also submitted by the learned counsel of the appellants in those
cases that the awards passed by the learned L.A Judge and as affirmed
by this Court were already complied with by the appellant. In L.A. App.
No.35 of 2023 also award passed by learned L.A. Judge was affirmed
maintaining compensation @ Rs.8,00,000/- per kani.
[8] In view of the above submissions of the learned counsel and
also in view of the judgments passed by this Court in other similar
appeals as indicated above, it is held that the present appeal is being
devoid of any merit and accordingly, the same is dismissed and the
impugned award passed by the L.A. Judge, Court No.4, West Tripura,
Agartala is hereby affirmed.
Pending application(s), if any, stands disposed of.
Send down the LCRs with a copy of this order.
JUDGE
SUJAY GHOSH Digitally signed by SUJAY GHOSH
Date: 2024.05.24 17:38:03 +05'30'
Sujay
