Compensation for acquired land must reflect fair market value based on its potential and proximity to amenities; development charges are not deductible when land is acquired for specific infrastructure projects.

JUDGMENT

1. Heard learned counsel Mr. P. Gautam appearing for the appellant-State and learned counsel Mr. A.K. Deb appearing for the private respondent.

2. The present appeal has been preferred by the State of Tripura against an award dated 31.07.2019 passed in Case No.Misc.(LA) 176 of 2014 whereby the learned Land Acquisition Judge, West Tripura Judicial District, Agartala was pleased to award a compensation for the acquired land @ Rs. 25,00,000/- (rupees Twenty Five Lakhs) per kani apart from other consequential statutory benefits.

3. It is contended on behalf of the State that the learned Land Acquisition Judge did not take into consideration the findings of the Land Acquisition Collector which were based on actual grounds therein. It appears therefrom that the State while acquiring the land of the private respondent for the purpose of construction of an RCC Bridge over river Howrah on Chandrapur via Baldakhal under Sadar Sub-Division had acquired the land belonging to the private respondent. Admittedly, the Amin on behalf of the State had collected 4(four) sale deeds, which instances are extracted hereinbelow:

Sl.No.

Mouja

Plot No.

Classification of land

Area in acre

Deed No. & date

Total value of land (In Rs.)

Value of land per kani (In Rs.)

Distance from the land proposed to be acquired.

1

2

3

4

5

6

7

8

9

1.

Uttar Champamura, Sheet-1/P

356

Nal

0.10

1-2016 dt.06/05/09

50,000/-

2,00,000/-

818-5" ft.

2.

-Do-

416

Bastu

0.054

1-2032 dt.24/04/08

60,000/-

4,44,444/-

304 ft.

3.

-Do-

382

383

Nal

0.04

1-8564 dt.3/12/07

50,000/-

5,00,000/-

On the proposed land.

4.

-Do-

170

173

Nal

0.03

1-759 dt.08/02/08

1,49,500/-

19,93,333/-

1954 ft.

4. The Land Acquisition Collector had come to conclude that the value of the land @ Rs. 4,00,000/- (Rupees Four Lakhs) per kani for Nal, Pond (Nal) and Doba (Nal) class of land and Rs.5,00,000/- (Rupees Five Lakhs) per kani for Bastu (Nal) and Bhiti (Nal) class of land. In course of hearing of the reference application under Section 18 of the LAND ACQUISITION ACT , 1894 the claimant prayed for enhancement of the awarded amount on the ground that the acquired land has very high potential value and is having all facilities like electricity, water supply, telephone lines and other modern communication facilities and further that the National Highway No.44, i.e. the Assam-Agartala Road is situated at a stone's throw distance from the acquired land. It is further contended on behalf of the claimant that the Chandrapur Market i.e. Bazar is adjacent to the acquired land and the Inter State Bus Terminal at Chandrapur is only one-furlong away from the acquired land apart from the Law College and other market areas and hospitals. Accordingly, the claimant claimed a compensation @ Rs.60,00,000/- (Rupees Sixty Lakhs) per kani.

5. It appears from the impugned order that the learned Land Acquisition Judge referred to various decisions rendered by the Hon'ble Supreme Court in Mehrwal Khewaji Trust (Regd.) Faridkot & Ors. v. State of Punjab & Ors. reported in AIR 2012 SC 2721 and also took into consideration the determination made by the Land Acquisition Collector as reflected in internal page Nos.6 and 7 of the impugned judgment. But the learned Land Acquisition Judge found that the Land Acquisition Collector did not take into consideration the sale deed No.4 allegedly because the said land is far away from the proposed acquired land. The learned Land Acquisition Judge after hearing the submissions of the parties and on perusal of the documents formed the opinion that it would be proper to rely upon the sale deed No.1-5307 dated 13.11.2009 as the highest of the exemplars. From the said sale deed, it is transpired that a trans