Tripura High Court
Sri Jaharlal Chowdhury vs The Deputy Chief Engineer (Con-2) No on 4 October, 2024
HIGH COURT OF TRIPURA
AGARTALA
L.A. App. No.48 of 2024
Sri Jaharlal Chowdhury, (Age 55 years)
S/O- Lt. Indra Kr. Chowdhury of Bhuratuli
P.O.- Bhuratali, P.S.- Manubazar,
Sub Division- Sabroom,
District- South Tripura, PIN-799143
....Referring Claimant-Appellant.
Versus
1. The Deputy Chief Engineer (CON-2) No.1,
North East Frontier Railway,
Badharghat Railway Station
P.O. Siddhi Ashram, P.S. Amtali
Agartala, West Tripura.
2. Land Acquisition Collector,
South Tripura, Belonia
Office of the D.M. & Collector
P.O. & P.S. Belonia
District- South Tripura, PIN-799155
.......O.P.-Respondents.
For Appellant(s) : Ms. P. Chakraborty, Adv.
For Respondent(s) : Mr. Bidyut Majumder, DSGI.
Date of Hearing : 30.09.2024
Date of delivery of
Judgment and Order : 04.10.2024
Whether fit for
Reporting : NO
HON'BLE MR. JUSTICE BISWAJIT PALIT
Judgment & Order
This appeal is preferred under Section 54 of L.A. Act
challenging the order dated 02.03.2020 passed by Learned L.A.
Judge, South Tripura, Belonia, in connection with case No.L.A.
(Ref) 112 of 2018.
02. Heard Learned Counsel, Ms. P. Chakraborty for the
appellant and also heard Learned DSGI, Mr. Bidyut Majumder
for the respondent No.1. None appeared on behalf of
respondent No.2, i.e. the L.A. Collector inspite of service of
notice.
03. In course of hearing of argument, Learned Counsel
for the appellant submitted that the appellant being a rustic
person and ignorant of law could not submit claim statement
before the Learned L.A. Judge inspite of allowing opportunity,
although the contesting respondents submitted their counter
statement before the Learned Court. So, ultimately, Learned
L.A. Judge, by order dated 02.03.2020 dismissed the L.A.(Ref)
under Section 18 of L.A. Act with nill award.
It was further submitted that the appellant was the
owner of land measuring 0.87 acres of Hal C.S. Plot
Nos.5164/P and 5173/P pertaining to Khatian No.241 classified
as Lunga and Nala under Mouja and TK- Bhuratali under
Sabroom Sub-Division and the said plot of land was acquired
by the L.A. Collector for the purpose of construction of Agartala
to Sabroom, New Railway Line vide declaration No.F.9(02)-
REV/ACQ/XII/13 dated 31.07.2013 and the L.A. Collector
determined the market value of the acquired land at the rate of
Rs.3,00,000/- per kani but the market price was much more
higher than the amount determined by the L.A. Collector on
that relevant point of time and according to Learned Counsel, if
the order passed by Learned L.A. Judge is not set aside, then
the appellant would be seriously prejudiced. So, Learned
Counsel urged for allowing an opportunity to the appellant to
substantiate his claim before the Learned L.A. Judge below by
filing his claim statement and also by adducing evidence on
record by allowing this appeal.
Learned Counsel for the Requiring Department
submitted before the Court to pass appropriate order in
accordance with law.
04. After hearing both the sides and after going through
the order passed by Learned L.A. Judge, it appears that before
the Learned L.A. Judge, inspite of allowing opportunity the
appellant-claimants did not appear to file claim statement nor
produced any oral/documentary evidence on record in support
of his claim for enhancement of compensation which compelled
the Learned L.A. Judge to pass order with nill award affirming
the compensation awarded by the Learned L.A. Collector.
05. The Land Acquisition Act is a beneficial legislation
and since there is no objection from the side of the contesting
Requiring Department to allow this appeal and the L.A.
Collector also inspite of receiving notice did not appear to
contest the appeal, so, this Court is of the considered view that
the matter should be remanded back to the Learned L.A. Judge
for re-trial of this matter.
06. In the result, the appeal filed by the present
appellant is hereby allowed subject to deposit an amount of
Rs.5,000/- as cost to the Learned Court below, which be
deposited to the Treasury by challan. The order dated
02.03.2020 delivered by L.A. Judge, South Tripura, Belonia in
connection with case No.L.A. (Ref) 112 of 2018 is hereby set
aside. The matter is remanded back to the Learned L.A. Judge
with a direction to give an opportunity to the referring claimant
to submit his claim statement and thereafter, to adduce
evidence of the referring claimant, if any, affording the
contesting-respondents to cross-examine the witnesses, if any,
and further, allowing the respondents to adduce their evidence,
if any, in support of their counter-statement and to deliver a
fresh judgment in accordance with law.
The entire exercise shall be made by the Learned
L.A. Judge within a period of six (06) months from the date of
receipt of the copy of the judgment. The contesting party shall
appear before the L.A. Judge, South Tripura, Belonia on
07.11.2024.
Send down the LCR along with a copy of the
judgment/order.
Pending application(s), if any, also stands disposed
of.
JUDGE
MOUMITA Digitally signed by MOUMITA
DATTA
DATTA Date: 2024.10.05 15:42:26 +05'30'
Purnita
