In land acquisition cases, market value assessment must consider fair examples from comparable transactions.

1. Heard learned counsel for the parties.

2. Today, at the very outset, Mr. S. Deb, learned senior counsel assisted by Mr. S. Datta, learned counsel for the respondent - claimants represents before this court that they have been appearing in this matter on behalf of the respondent - claimants since 08.09.2023.

3. It is seen from the record that on all earlier occasions, Mr. P. K. Dhar, learned senior counsel appeared for the respondent - claimants. Whereas, Mr. P. Gautam, learned counsel appeared for the LA Collector.

4. This is an appeal under S.54 of the Land Acquisition Act , against the judgment and award dated 04.02.2019 passed by Ld. Land Acquisition Judge, Court No.4, West Tripura, Agartala in Misc (LA) 167 of 2014.

5. The brief facts of the appellant is that the land of the claimant was acquired by the O.P., L. A. Collector, West Tripura vide Notification No.F.9(13). REV / ACQ / / VI / 98, dt.17.07.1997 and subsequent another notification No. F.9(12) - REV / ACQ / VI / 99 dated 08/07/1998 under S.4 of the L.A. Act, 1894 for the extension of runway of Agartala Airport (Northern side).
Description of acquired land
District - West Tripura, Sub-Division: Sadar, Mouja - Narsingarh, Khatian, No.291/1, 291/2, 291/5, Plot No.1644, 1647, Bhiti (Tilla), Chara (Tilla), area 1.10 acre.

6. The compensation of the acquired land was assessed by the L.A. Collector @ Rs.40,700/- per kani and total amount of Rs.1,11,925.00, 30% Additional Compensation Rs.33577.50, 12% Additional amount Rs.3,357.75/-. In Total Rs.1,48,860.25 Rs.1,48,860.00 was awarded to the claimant including all other statutory reliefs as indicated in the document of apportionment of compensation. In the reference - sheet total compensation also mentioned as Rs.1,48,860.00. The L.A. Collector ignoring other aspects awarded the final amount of Rs.1,48,860/-. Being aggrieved / dissatisfied, with the land valuation, the claimant approached for the assessment of the market value at the rate of Rs.10,00,000/- per kani.

7. The claimant in the claim statement, claimed the value of the acquired land @ Rs.10,00,000/- per kani. According to claimant, the acquired land had high potential value being situated within the Agartala Municipal Corporation areas, Agartala - Narsingarh via Airport VIP road, Agartala Narsingarh via Gandhigram - Salbagan - Lichubagan road, G.B. to Narsingarh road. According to Claimant, the acquired land was most suitable for commercial purposes and business centre and within the industrial area. According to claimant, the acquired land is very closed to the Agartala Airport, Bharatia Vidya Bhavan, Polytechnic College, Narsingarh H.S. School, Sukhamoy H.S. School, Nutan Bazar Girls' H.S. School, Holly Cross School, G.B.Hospital, Mental Hospital, Veterinary Hospital, ILS Hospital, Secretariat Complex, Assembly, Orphan and Blind Ashram, Police Training Centre, Tripura High Court, Music College. According to the claimant the acquired land is also situated very near to the Usha Bazar Market, Narsingarh Market, Narayanpur Market, Nutanbazar Market having the facility of water supply, electricity and other essential services.

8. The L.A. Collector in their counter statement mentioned that the land holders claim compensation @ Rs.10,00,000/-(ten lakh) per kani but they failed to produce any sale instances for such claim. The classification of acquired land are nal, bhiti, chara and lunga. According to L.A. Collector the acquired land was a Bhiti, (Tilla), Chara (Tilla) class of land and situated far from the road and at the time of acquisition, the land has no potential value as claimed by the referring claimant for enhancement of compensation. There were no amenities of modern facilities like as electricity, Water supply, Telephone, Post Of