Tripura High Court
Agartala Municipal Corporation And ... vs Sri Madhusudan Roy And Others on 4 January, 2023
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HIGH COURT OF TRIPURA
AGARTALA
L.A. APP. No.44 of 2021
Agartala Municipal Corporation and another
----Appellant(s)
Versus
Sri Madhusudan Roy and others
----Respondent(s)
For Appellant(s) : Mr. Arijit Bhowmik, Advocate. For Respondent(s) : Mr. Paramartha Datta, Advocate.
HON'BLE THE CHIEF JUSTICE(ACTING) _O_R_D_E_R_ 04/01/2023 Mr. Arijit Bhowmik, learned counsel for the appellant states that this appeal is covered with an order passed by this Court in L.A. No.13 of 2020 dated 28-01-2021 titled as Agartala Municipal Corporation versus Sri Tarani Sekhar Debnath and another. Such statement is accepted and taken on record.
[2] Appellant laid challenge to the judgment dated 11.02.2021 passed by the learned Land Acquisition Judge, Court No.2, West Tripura, Agartala in Case No. Misc. (L.A.) 135 of 2014, titled as Sri Madhusudan Roy and others versus The Land Acquisition Collector and another. Page 2 of 3
The operative portion of the judgment reads as under:-
"The referring claimants are entitled to get Rs.1,60,00,000/- per kani only for the acquired land. They will also get 30% solatium and 12% interest on enhanced amount of compensation computing from the date of notification u/s 4 of the L.A. Act up to the date of award by L.A. Collector or the date of taking possession of acquired land whichever is earlier as per Section 23(2) and Section 23(1-A) of the said Act respectively. The referring claimants will further get interest @ 9% per annum from the date of taking over possession for one year and thereafter @ 15% per annum after expiry of said one year till payment upon the said excess amount of compensation as per Section 28 of the LO.A. Act. As per law laid down by Hon'ble Supreme Court in Mehrawal Khewaji Trust versus State of Punjab reported in 2012 AIR SCW 2822, the interest will also be counted on additional amount as awarded u/s 23(1-A) above and upon the solatium awarded u/s 23(2) of the L.A. Act."
[3] It is an admitted case of the parties that with respect to the very same acquisition proceedings, this Court has already adjudicated the issue of compensation. In fact, this was so done in the appeal decided by this Court in L.A. App. No.13/2020, titled as Agartala Municipal Corporation versus Sri Tarani Sekhar Debnath and another decided on 28.01.2021. In terms of the said award, the compensation stands determined @ Rs.1,60,00,000/- per kani. No other point is urged by learned counsel for the appellant.
[4] As such, the appeal is dismissed. Insofar as the present case is concerned, the claimant-respondents are entitled to compensation at such rates and on such terms as stands determined by this Court in the said Page 3 of 3 decision. Needless to add, the amount of compensation if not already released be positively released in favour of the claimant-respondents unconditionally.
[5] Stay order, if any, stands vacated. Pending application(s), if any, also stands disposed of. Return the LCR forthwith.
(CHIEF JUSTICE, ACTING) Dipesh