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ARINDAM LODH, S. G. CHATTOPADHYAY
Sandip Kumar Basak – Appellant
Versus
Oriental Structural Engineers Private Limited – Respondent
| Table of Content |
|---|
| 1. facts of the case. (Para 1 , 2) |
| 2. issues framed for resolution. (Para 3) |
| 3. court's analysis of evidence. (Para 4 , 5 , 12 , 13 , 14) |
| 4. arguments presented by parties. (Para 8 , 10 , 11) |
| 5. determination of compensation amount. (Para 15) |
| 6. final decision and orders. (Para 16 , 17 , 18) |
JUDGMENT
Arindam Lodh, J. - This is an appeal under Section 96 of the Code of Civil Procedure, 1908 for modification of a part of the judgment dated 21.09.2019 and decree dated 27.09.2019, passed in MS 04 of 2017 by learned Civil Judge (Sr. Division), South Tripura, Belonia.
2. The facts of the case as projected by learned Civil Judge, Sr. Division are reproduced here-in-below:-
'The plaintiff's case in brief is that the plaintiff is the owner of a dwelling building which was constructed in the year 2009 on his own land measuring 0.36 acre appertains to RS Plot Nos. 2008/4228 and 2010/4229 recorded in Khatian No.1039 of Mouja - Harina incurring an expenditure of Rs. 40,00,000/- and the plinth area of the building is 2084 sq. ft., the details of which is described in the schedule of the plaint. The averments of the plaintiff is that after completion of construction of the suit building,
The court emphasized the duty of defendants to prevent damage to adjacent properties and highlighted the importance of uncontroverted expert valuation in assessing damages.
The court upheld the compensation for property damage caused by excavation, emphasizing the need for accurate valuation and just compensation for losses incurred.
Rights of property must be compensated when construction causes damage beyond the right of way, violating Articles 14, 21, and 300A of the Constitution.
The main legal point established in the judgment is the need to consider expert valuation reports and the quality of construction in determining just and reasonable compensation for acquired properti....
Government should take initiative in this behalf and should constitute a Committee of well experienced Architects/Structure Engineers and legal luminaries to propose suitable law/rules to deal with a....
An admission must be categorical and unconditional to constitute a basis for a judgment on admission.
The court upheld the Plaintiff's claims for outstanding payments while dismissing the Defendant's counterclaims for damages due to lack of evidence and timeliness, establishing principles of mutual t....
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