Sri Sibayan Ch. Das & Another vs The In-Charge Hr-Er
2024 Latest Caselaw 1740 Tri

Tripura High Court

Sri Sibayan Ch. Das & Another vs The In-Charge Hr-Er on 4 November, 2024

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                        HIGH COURT OF TRIPURA
                              AGARTALA
                                CRP No.94/2024
Sri Sibayan Ch. Das & another
                                                              ......... Petitioner(s).
                              VERSUS
The In-Charge HR-ER, Tripura Asset ONGC & another
                                                            .........Respondent(s).

Along with

Sri Shyam Lal Das & another ......... Petitioner(s).

VERSUS The In-Charge HR-ER, Tripura Asset ONGC & another .........Respondent(s).

For Petitioner(s) : Mrs. Sujata Deb (Gupta), Advocate.

For Respondent(s) : None.

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH

Order

04/11/2024

CRP No.95 of 2024 is also taken along with the instant case [CRP

No.94 of 2024] as they both raise common issues arising out of an award

passed under the Land Acquisition Act in respect of construction of drill sites

by the respondent-ONGC wherein certain portions of land were acquired but

the standing trees were also cut down. The learned Court enhanced the

compensation on reference under Section 18 of the Land Acquisition Act, 1894

with an interest of 6% per annum on the compensation awarded till realization

of the whole amount. By the impugned orders dated 03.04.2024 passed in

review by the learned Additional District Judge, Sepahijala District, Bishalgarh in

Civil Misc. No.02 of 2024 and Civil Misc. No.03 of 2024 instituted at the behest of

the judgment debtor, the award of interest has been ordered to be computed

from the date of the judgment, i.e. 03.02.2024.

Learned counsel for the petitioners Mrs. Sujata Deb (Gupta)

submits that the principal amount and interest from the date of judgment stood

already paid after the judgment of the L.A. Court but restricting the award of

interest from the date of judgment in the L.A. case is in teeth of Section 34 of

the L.A. Act, 1894. She relies upon a decision of the Apex Court in the case of

Radha Mudaliyar vrs. Special Tahsildar (Land Acquisition), Tamil Nadu

Housing Board reported in (2010) 13 SCC 384.

Issue notice in both the matters on the respondents under ordinary

process and speed post, for which requisites be filed by Friday (08.11.2024).

Notice is made returnable on 04.12.2024.

(APARESH KUMAR SINGH), CJ

Pulak