Tripura High Court
The Deputy Chief Engineer ... vs Shri Dilip Saha And Another on 6 November, 2024
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
L.A. App.17 of 2024
The Deputy Chief Engineer (Construction-1) N.F. Railway
.........Appellant(s)
Versus
Shri Dilip Saha and another
..............Respondent(s)
For Appellant(s) : Mr. Bidyut Majumder, Deputy SGI
For Respondent(s) : None
HON'BLE MR. JUSTICE T. AMARNATH GOUD
ORDER
06.11.2024
This matter has been listed for final hearing. When the case is
called, Mr. B. Majumder, learned Dy. SGI appears for the appellant. None is
present on behalf of the respondents.
[2] The present appeal is filed by the appellant under Section 54 of
the Land Acquisition Act, 1894 for setting aside the impugned judgment and
award dated 26.08.2022 passed by the learned L.A. Judge, Sepahijala District,
Bishalgarh in case No. Misc. (L.A.) 15 of 2015.
[3] It is the case of the appellant that as per the requisition of the
appellant, the land in question situated under Mouja- Bishalgarh, Sub-
Division-Bishalgarh, sheet No.4/p recorded in Khatian no.2698, Plot No.
2539/p land measuring 0.45 acres, of land was acquired by the respondent
no.2 i.e. the Land Acquisition Collector, West Tripura, Agartala vide
notification dated 04.07.2021 for construction of New Railway line from
Agartala to Sabroom. Accordingly, the L.A. Collector, West Tripura, has
awarded the compensation @ Rs. 11,00.000.00 per kani and thereafter, the
matter was referred to the Court of learned L.A. Judge under Section 18 of the
L.A. Act. Subsequently, the L. A. Judge by its judgment dated 26.08.2022
enhanced the amount of award @ Rs. 14,00,000.00 per kani. Being aggrieved
and dissatisfied with the judgment and award dated 26.08.2022 passed by the
learned L.A. Judge, Sepahijala District, Bishaslgarh, Tripura, in case no. Misc
(L.A.) 15 of 2015, the appellant has preferred the instant appeal.
[4] It is brought to the notice of this Court that the Court below has
enhanced the award of compensation for the acquired land in question from @
Rs.11,00,000/- per kani to @ Rs.14,00,000/- per kani and there is no reason
expressed on enhancement though reliance has been placed on Exhibit-
1(sale-deed) relating to some other property. The Court below could have
examined whether the claimant is the owner of the land in question and any
title-deed it that regard, had been placed on record marking as exhibit.
Learned Court below has not framed any such issue to that effect and on the
point of ownership of the claimant, nothing has been dealt with.
[5] In view of the same, the impugned judgment and award dated
26.08.2022 passed by the Court below is set aside and the matter is
remanded back for fresh adjudication in accordance with law.
With the above observation and direction, the appeal is remanded
back and accordingly, the same is disposed of. As a sequel, miscellaneous
application(s) pending, if any, shall also stand closed.
JUDGE
Sabyasachi. G.
