The main legal point established in the judgment is the importance of the comparable sales method of valuation in determining the market value of acquired land and the principle that a land loser should not be deprived of the highest value of sale instances relating to similar land in the locality.

Feeling dissatisfied with the judgment dated 25.02.2010 passed by the learned LA Judge, Court No. 4, West Tripura, Agartala in Misc. (LA) 52 of 2004 the appellant has preferred this appeal.

2. Heard Mr. PK Pal, learned counsel for the appellant as well as Mr. A Lodh, learned counsel for the respondents.

3. Vide notification No. F.9(4)/- Rev/- Acq/- XIV/- 98 dated 27.02.1998 under Section 4 of the Land Acquisition Act, (hereinafter referred to as “LA Act”) and thereafter, declaration under Section 6 of the LA Act vide Notification No. F.9(4)/- Rev/- Acq/- XIV/- 98 dated 27.04.1998, Bastu Class of land measuring 0.10 acres situated at Mouja Anandanagar under Khatian No. 2040, appertaining to CS Plots No. 5788/- 9197 and 5789 was acquired for laying railway track.

4. The LA Collector, West Tripura, (hereinafter referred to as “LA Collector”) gave award of Rs. 11,250/- for the acquired land @ Rs.45,000/- per kani and assessed total compensation of the acquired land @ Rs. 34,332/- together with costs of removal of hutments and admissible interests.

5. The claimant-appellant received the compensation under protest and thereafter, submitted an application under Section 18 of the LA Act. The LA Collector referred the application under Section 18 of the LA Act to the Court of the learned LA Judge, for decision. Being aggrieved by the judgment of the learned LA Judge, as stated supra, the referring claimant-appellant has preferred the instant appeal.

6. The claimant-appellant has submitted the claim statement stating, inter alia, that the acquired land is situated in a densely populated area and within the natural built of the Agartala Town. It is also contended that Bidyasagar Girls HS School, Anandanagar HS School, MBB College, Anandanagar Science & Technology College, etc., are within ½ kilometer of the acquired land. It is further contended that the LA Collector gave compensation of the acquired land at the lower rate of Rs.45,000/- per kani though at the relevant time of acquisition the prevailing market value of the lands in the vicinity was @ Rs. 10,00,000/- per kani.

7. The Respondent O.P. No. 1, LA Collector has contested the case by filing counter statement asserted that the market price of the land was assessed keeping in mind the valuation of the lands adjacent to the acquired land. It is also denied that the claimant’s land was usable for commercial purpose and other civil amenities were also available there. It is also denied that Bidyasagar Girls HS School, Anandanagar HS School, MBB College, Anandanagar Science & Technology College, etc., were situated within ½ kilometer of the acquired land.

8. The OPW No. 2, Deputy Chief Engineer (Construction), NF Railway, Agartala has resisted the claim of the claimant by filing counter statement. In his counter statement, he has justified the award made by the OPW No. 1 stating that the market value of the acquired land as assessed by the OP No. 1 was very much just and reasonable.

9. The learned LA Judge, framed the following issues for deciding the reference case, which are as under:

1. Whether, the compensation fixed by the LA Collector towards the price of the acquired land represents the actual market price prevailing in the area at the time of Notification under Section 4 of the LA Act;

2. Whether, the market value of the acquired land as assessed by the LA Collector was just and proper; and

3. Whether the referring claimant is entitled to compensation as prayed for.

10. In support of the claim, the claimant-appellant examined himself as PW 1 and also proved some sale instances which were market as Exhibit-1, Exhibit-2 and Exhibit-3. On the other hand, respondent No. 1 examined one Sri Nanigopal Sarkar, Sr. Surveyor, office of the LA Collector, West Tripura, Agartala as OPW 1, who has also proved and exhibited the following documents, namely,

Exhibit-A-Photocopy of Assessment No