Tripura High Court
The Deputy Chief Engineer ... vs Smti. Milan Das(Sarkar) on 29 May, 2019
Author: Sanjay Karol
Bench: Sanjay Karol
Page 1 of 2
HIGH COURT OF TRIPURA
AGARTALA
L.A. APP. No.14/2019
The Deputy Chief Engineer (Construction), N.F. Railway,
Badharghat Railway Station, P.O.-Siddhi Ashram, P.S.-Amtali,
Agartala, Tripura West.
----Appellant(s)
Versus
Smti. Milan Das(Sarkar), W/o- Bhusan Sarkar and another.
----Respondent(s)
For Appellant(s) : Mr. Asutosh De, Advocate.
Mr. D. Debnath, Advocate.
For Respondent(s) : Mr. D. Bhattacharjee, Advocate, Mr. Samar Das, Advocate.
HON'BLE THE CHIEF JUSTICE MR. SANJAY KAROL Order 29/05/2019 Appellant laid challenge to the award dated 15.11.2016 passed by the learned Land Acquisition Judge, Court No.1, Gomati Judicial District, Udaipur in case No.Misc. (L.A.) 26 of 2014, titled as Smti. Milan Das(Sarkar) Vrs. The LA Collector, Gomati, Udaipur & another.
The operative portion of the award reads as under:-
"Now, therefore, the reference is allowed. The claimant is entitled to get compensation @ Rs.7,00,000/- (seven lakhs) per kani only for the acquired land. The claimant will also get 30% Solatium, and 12% further enhanced amount of compensation upon the said enhanced land value computing from the date of notification under section 4 of L.A. Act, 1894 upto the date of award by Collector or the date of taking possession of land whichever is earlier, as per section 23(2) and section 23(1-A) of the Act respectively. The claimant 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 said excess amount of compensation as per section 28 of the Act. As per law laid down by Hon'ble Supreme Court in Mehrawal Khewaji Trust, Faridkot & ors. V. State of Punjab & ors., 2012 AIR SCW 2822, the interest will also be counted on additional amount as awarded under Page 2 of 2 section 23(1A) above and upon the solatium awarded under section 23(2) of the Act.
The claimant will also get Rs.1000/- as cost under section 27 of the Act. The Opp. Party no.2 is also made jointly and severally liable to make the payment along with Opp. Party no.1.
The case is disposed of contest.
Enter the result in the relevant register."
It is not in dispute that with respect to the very same acquisition proceedings (Section 4 & 11 of the provisions of the Land Acquisition Act, 1894), this Court has already adjudicated the issue interfering and reducing the amount of compensation. In fact, this was so done in the bunch of the appeals decided by this Court in L.A. App. No.9/2017, titled as The Deputy Chief Engineer (Construction), N.F. Railway vrs. Abdul Mazid & others, and other connected matters decided on 27.08.2018.
As such, the present appeal is disposed of making the directions contained therein applicable mutatis mutandis, to the instant case and the petitioner is entitled to compensation at such rates and on such terms as stands determined by this Court in the said decisions.
No other point urged.
The appeal stands disposed of. Pending application(s), if any, also stands disposed of. Return the LCR forthwith.
(SANJAY KAROL), CJ Dipankar/Dipesh