HIGH COURT OF TRIPURA

AGARTALA

L.A.APP.No.17 of 2022

The Deputy Chief Engineer(Construction), N.F. Railway

……….Appellant(s)

Versus

Smt. Malina Das and 4 Others

……….Respondent(s)

For Appellant(s)

:

Mr. A. De, Adv.

For Respondent(s)

:

Mr. P.K. Biswas, Sr. Adv.

Date of hearing

and Judgment & Order

:

18.01.2023

HON’BLE THE CHIEF JUSTICE (ACTING)

Judgment & Order(Oral)

Heard Mr. A. De, learned counsel appearing for the appellant as

well as Mr. P.K. Biswas, learned senior counsel appearing for the respondents.

2.

This is an appeal under Section 54 of the Land Acquisition Act,

1894 against the judgment and award dated 07.10.2021 in connection with

Misc.(L.A.)No.226 of 2014 passed by the Land Acquisition Judge, Sepahijala

District, Bishalgarh wherein the learned Judge awarded an amount of

Rs.35,00,000/- only per kani along with other statutory benefits.

3.

The brief fact of the case is that the Government of Tripura has

acquired the land in question belonging to the respondents. By a notification

dated 05.07.2011 under Section 4 of the L.A. Act, 1894 followed by a

declaration under Section 6, the land was acquired for purpose of construction

for New Railway line from Agartala to Sabroom. The acquired land fallen under

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plot No.5320 of khatian No.3620, land measuring 0.20 acres, classified as

Bastu, Pond of Mouja-Bishalgarh, Sheet No.5/P, under Tehashil-Bishalgarh,

Sub-Division-Bishalgarh, Sepahijala, Tripura. The L.A. Collector, West Tripura,

Agartala awarded Rs.25,00,000/- only per kani for the acquired land along with

all statutory benefits.

4.

Being aggrieved and dissatisfied with the award, the claimant

filed an objection and prayed for referring the case to the L.A. Judge for proper

determination of compensation. The L.A. Collector subsequently referred the

case to the L.A. Judge accordingly. The L.A. Judge served a notice upon both

the parties and the respective parties appeared by submitting their claim

statement and counter claim statement. After hearing both the parties on the

basis of documents and statement of facts, the L.A. Judge awarded a sum of

Rs.35,00,000/- only per kani along with other statutory benefits.

5.

The following issues were framed by the L.A. Judge :

<(1) Whether the instant proceeding is maintainable from the

eye of law ?

(2) Whether the award passed by the LA Collector is just,

proper and reasonable ?

(3) Whether the referring claimant is entitled to get any

enhanced amount of award and if so, up to what extent ?=

6.

The court below has arrived to a finding in Issue No. 1 that the

L.A. Collector, West Tripura after acquisition of the land of the referring

claimant as mentioned above awarded him an amount of Rs.29,03,983/- as

compensation and the referring claimant in the court below expressed his

dissatisfaction and the L.A. Collector in terms of Section 18 of the L.A. Act

referred the matter before the L.A. Judge for determination of proper

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compensation of the acquired land. The acquired land appertains to khatian

No.3620 comprising of plot No.5319, 5320 under Bishalgarh Sub-Division.

7.

The court below has taken the two issues together as both are

inter related for discussion. It is an admitted fact that the land measuring 0.33

acres belonging to the referring claimants was acquired vide notification

05.07.2011 under Section 4 of the L.A. Act and the subsequent notification

dated 28.07.2011 by the State Government for the construction of railway line

and in this regard, the referring claimant was awarded compensation of

Rs.28,03,983/- @ Rs.25,00,000/- per kani i.e. Rs.62,50,000/- per acre along

with 12% additional compensation and 30% solatium.

8.

In the pleadings as well as in the evidence the referring claimant

in the court below stated that the acquired land is situated within the

Bishalgarh Municipal area abutting to Bishalgarh-B