Proper evidence and justification are essential for determining compensation in land acquisition cases, particularly regarding ownership and damages for destroyed property.

JUDGMENT :

T. AMARNATH GOUD, J.

Heard Mr. B. Majumder, learned Dy. SGI appearing for the appellant in LA. App No. 100 of 2023 as well as for the respondent in CO(FA) 01 of 2024 . Also heard Mr. S. Kr. Deb, learned senior counsel assisted by Mr. S.Datta, learned counsel appearing for the referring claimants (respondents herein) in LA. App No. 100 of 2023 and for the Cross-Objectors in CO(FA) 01 of 2024.

[2] This present appeal has been filed under Section 74 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 against the Judgment and Award dated 30.01.2023 passed in L.A Case 71 of 2019 by the Land Acquisition, Rehabilitation and Resettlement Authority, Tripura along with this appeal a Cross-Objection has also been filed by the Cross –Objector (Respondents herein) under Order XLI Rule 22 of the Code of Civil Procedure read with Section 74 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Re- Settlement Act, against the Judgment and Award dated 30.01.2023 passed in the LA Case No. 71 of 2019 by the aforesaid authority. Hence, both the appeals are taken together for a common disposal.

[3] The brief facts of the case is that, the referring claimants (respondents herein) Smt. Minati Das and her husband Late Dhirendra Ch. Das were the owner and possessor of land under Khatian No. 2025, plot No. 6025/6433/p in Mauja Sarashima under Belonia Sub-division, Dhirendra Ch. Das died on 05.04.2013 and on his death his son and daughters became the owner of the land along with their mother. The Government acquired the land measuring 0.70 acres owned by the referring claimants (respondents herein) under aforesaid Khatian No. 2025, plot No. 6025/6433/p for construction of new Railway line vide notification No. F.09 (01)/REV/ACQ/XII/15 dated 3.08.2015. The LA Collector, South Tripura determined the market value of acquired land @ Rs. 5,00,000/- per kani and to arrive the land value of acquired land applied multiplication factor 1.5, cost of damage of trees on the land and also awarded 100% solatium over the total compensation and 12% interest w.e.f. 03.08.2015 to 02.03.2016 (for 7 months). That, being aggrieved by the amount of compensation awarded by the LA Collector the respondents herein (claimants) sought for reference. Accordingly, the matter has been referred to the Land Acquisition, Rehabilitation and Resettlement Authority, Tripura for determination of appropriate compensation. Thereafter, the Land Acquisition, Rehabilitation and Resettlement Authority, Tripura by its judgment and award dated 30.01.2023 enhanced the award passed by the LA Collector and assessed the value @ Rs. 10,00,000/- per kani. The relevant portion of the Judgment and Award dated 30.01.2023 passed in LA Case No. 71 of 2019 is quoted herein below:-

“ORDER / AWARD

16. (1) The Referring Claimant is entitled enhanced market value of her acquired land measuring 0.70 acres under plot Nos. 6025/6433/p@ Rs. 10,00,000/- per kani (ii)The market value of the acquired land as determined at the above rate be multiplied with factor ’1.5’ as per section 26 (c) and as contemplated in First schedule appended to Act 2013 to get the value of the land (iii) The referring claimant in addition to value of land is entitled to get compensation u/s. 29 of Act 2013 for 100 rubber trees amounting to Rs. 4,50,000/-(Rs.4500x100) (iv) The referring claimant as per section 69(3) of the Act 2013, in addition to the market value of the land is entitled 100% solatium over the total (value of the land cost for damage for 100 rubber trees) compensation The referring claimants as per section 60(2) of Act 2013, is entitled 12 p.a. on the market value from the date of publication of notification under section 11 to the date of award of the LA Collector or taking of the possession of acquired property, which-ever is earlier. (vi) The referring claimants u/s. 72 of Act 2013 is entitled for interest at the rate of 9