Tripura High Court
The Deputy Chief ... vs Sri Bijoy Kanti Ghosh & Others on 20 September, 2019
Author: Sanjay Karol
Bench: Sanjay Karol
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HIGH COURT OF TRIPURA
AGARTALA
L.A. APP. No.95 of 2019
The Deputy Chief Engineer(Construction No.1), N.F. Railway,
Agartala, Tripura West.
----Appellant(s)
Versus
Sri Bijoy Kanti Ghosh & others
----Respondent(s)
For Appellant(s) : Mr. Asutosh De, Advocate. For Respondent(s) : Mr. S. Lodh, Advocate.
HON'BLE THE CHIEF JUSTICE MR. SANJAY KAROL Order 20/09/2019 Mr. Asutosh De, learned counsel for the appellant states that this appeal is covered with a judgment passed by this Court in L.A. No.09 of 2017 and other connected matters dated 27-08- 2018 titled as The Deputy Chief Engineer (Construction), N.F. Railway versus Abdul Mazid & others. Such statement is accepted and taken on record.
Appellant laid challenge to the judgment dated 14.11.2018 passed by the learned Land Acquisition Judge, Court No.1, Gomati Judicial District, Udaipur in Case No. Misc. (L.A.) 27 of 2016, titled as Sri Bijay Kanti Ghosh & another versus The Land Acquisition Collector & another.
The operative portion of the judgment reads as under:-
"In the result, the reference is allowed. The claimants are entitled to compensation @ Rs.10,00,000/- (ten lakhs) per kani only for the acquired land. The claimants will also get 30% Solatium, and 12% further enhanced amount of compensation upon the said enhanced land value computing Page 2 of 3 from the date of notification under section 17 of L.A. Act, 1894 upto the date of award by Collector or the date of taking over 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 section 23(1A) above and upon the solatium awarded under section 23(2) of the Act.
The claimants 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".
It is seen that in the instant case, the Collector, Land Acquisition had determined the market value of the land ranging from `2,00,000/- to `6,00,000/- per kani depending upon the classification of the land. The reference court re-determined the same at `10,00,000/- per kani.
Mr. Asutosh De, learned counsel for the appellant submits that with respect to the very same acquisition proceedings, 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.09/2017, titled as The Deputy Chief Engineer (Construction), N.F. Railway versus Abdul Mazid & others, and other connected matters decided on 27.08.2018. In terms of the said award, the compensation stands re-determined @ `6,00,000/- per kani. No other point is urged by learned counsel for the appellant. Page 3 of 3
Statement made by Mr. Asutosh De, learned counsel is accepted and not disputed by anyone of the learned counsel appearing for the respondents/private parties.
As such, as mutually prayed for, the present appeal is disposed of making the directions contained therein applicable mutatis mutandis, insofar as applicable also to the instant case and the claimant-respondent(s) is entitled to compensation at such rates and on such terms as stands determined by this Court in the said decision.
Impugned award dated 14-11-2018 passed by the learned Land Acquisition Judge, Court No.1, Gomati Judicial District, Udaipur in Case No. Misc (LA) 27 of 2016 titled as Bijay Kanti Ghosh & another Versus The Land Acquisition Collector & another stands modified accordingly.
Needless to add, the amount of compensation if not already released be positively released in favour of the claimant- respondent(s) within a period of three months from today.
The appeal stands disposed of. Pending application(s), if any, also stands disposed of. Return the LCR forthwith.
(SANJAY KAROL), CJ Dipesh