AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Ms. S Deb(Gupta) and Ms. S Nandi, learned counsel for the appellant as well as Mr. DC Saha, learned counsel appearing for the claimant-respondents. None appears for the L.A. Collector when the appeal is heard.
This appeal emerges from the judgment and award dated 07.03.2011 delivered in Misc. LA No. 65/2005 by the Land Acquisition Judge, Court No.2, West Tripura, Agartala. There is no dispute that land of the respondents pertaining to Khatian No.29/1, 29/2 & 29/3 of Mouja Lankamura and Plots No.211/P & 212 was acquired by the process initiated by the notification No.F.9(8)REV/ACQ/VI/96 dated 12.11.1997 under Section 4 of the Land Acquisition Act, 1894 [LA Act, in short].
The Land Acquisition Collector while making the award under Section 11 of the LA Act assessed the value of the land at Rs.42,000/- per kani and computed the compensation under Section 23 of the LA Act to form the award. Being aggrieved by such determination, the land losers i.e. the respondents pressed for reference under Section 18 of the LA Act for having the appropriate value of the land. The said reference being Misc. LA No.65/2005 has been answered by the judgment dated 07.03.2011 which has been challenged in this appeal.
The Land Acquisition Collector, made the assessment on consideration of 13 sale transactions, as recorded in the assessment sheet dated 24.03.1998. For purpose of reference the sale transactions, as considered by the Land Acquisition Collector, are referred here in, in a tabular form:
SL No.
Sale deed No & date
Classification of land
Amount of land (Rate per kani)
Distance
Area of land sold (in Acre)
1.
1-5254, dt.28-09-96
Tilla
11,111/-
2280 Mtr.
0.90
2.
1-6797, dt.26-12-96
Bhiti, Tilla
20,000/-
2000 Mtr.
0.01
3.
1-4257, dt.08-08-96
Nal
16,667/-
1200 Mtr.
0.36
4.
1-1187, dt.27-02-96
Tilla
20,000/-
1920 Mtr.
0.07
5.
1-5254, dt.28-09-96
-do-
16,000/-
800 Mtr
0.10
6.
1-877, dt.14-02-97
Nal
10,000/-
700 Mtr.
0.20
7.
1-2092, dt.01-04-97
-do-
22,222/-
1600 Mtr.
0.72
8.
1-16, dt.01-01-97
-do-
40,000/-
2000 Mtr.
0.10
9.
1-385, dt.20-01-97
Viti, Tilla
8000/-
500 Mtr.
0.50
10.
1-2088, dt.01-04-97
Nal
28571/-
800 Mtr.
0.28
11.
1-452, dt.24-01-97
Viti, Tilla
20,000/-
400 Mtr.
0.06
12.
1-175, dt.08-01-97
Nal
27,272/-
380 Mtr.
0.44
13.
1-1726, dt.17-03-97
Tilla
60,000/-
40 Mtr.
0.10
As the position of the acquired land has been shown in the certified settlement map and that land situate in and around the Agartala Airport. From the respondents and others total area of land measuring 14.04 acres had been acquired and compensation to the extent of Rs.34,19,430/- was awarded and released to the respondents by apportionment in terms of individual plots.
The Land Acquisition Judge having re-assessed the process of award, has observed that a straight jacket formula cannot be adopted. Evidentiary materials were considered. The sale deeds were considered for determining the prevalent market price. Thus, the Land Acquisition Judge by the impugned judgment raised the value of land from Rs.42,000/-per kani for Tilla and Viti class of land [the entire tract of the acquired land falls in the said class] is to Rs.1,00,000/- per kani. The Requisitioning Department, Airport Authority of India has filed this appeal by challenging the said determination.
Mr. DC Roy, learned counsel has appeared for the land losers - respondents and fairly submitted that this appeal is entirely covered by the judgment and order dated 29.06.2015 as delivered in a batch of appeals, one of which being LA App. No.31/2011 [the Director of Airport Authority vs. Mihir Bhowmik and Ors.]. The land in those appeals was covered by the notification dated 12.11.1997.
As the provisions of section 28 A of the LA Act could be attracted, this court is persuaded to observe that the land under reference which was acquired for the project called,
"Construction of Runway in the southern side of Airport, Agartala" is liable to fetch uniform rate of land value, unless it is categorically shown that a part of the land was so disadvantageously positioned, it cannot fetch the similar land value in comparison to the advantageous part of land, inasmuch as, in Ravinder Narain and Anr vs. Union of India reported in (2003) 4 SCC 481 the apex court has laid down the principles for determination of the land value having reference to the existing market value. For purpose of determination, the land value in the comparable sale transactions are considered as the basis, if the following conditions are confirmed to:
(a) When a sale is within a reasonable time on the date of notification under Section 4(1) of the LA Act;
(b) It should be a bona fide transaction;
(c) It should be of a land acquired from a land, adjacent to the land acquired and
(e) It should possess the similar advantageous position.
In the said judgment, the sale transactions, as reproduced above, were also considered for determination of the land value. Thereafter, having referred to the said table of transaction, it has been observed that the highest sale examplar, as considered by the Land Acquisition Collector, was Rs.60,000/- per kani for Tilla class of land which was just 40 meters away from the acquired land and that transaction had taken place on 17.11.1997, whereas the acquisition under reference had taken place on 12.11.1997 when the notification under Section 4 of the LA Act was published. Thus, those sale transactions were taken as the basis.
It has been also observed that one piece of land in the said table of transaction was purchased at Rs.2,50,000/-per kani. Apparently, the said land is situated along the government road. In the said judgment, this court has observed that moreover, the integrity of the sale instance cannot per se be accepted, as the sale transaction had taken place immediately after the acquisition of a very small piece of land. In respect of another sale transaction dated 20.01.2006 it had been observed that the transaction was carried out at Rs.2,00,000/- per kani.
Having considered all these exemplar sale deeds, this court had finally observed that the rate of Rs.70,000/- per kani instead of Rs.1,00,000/- be preferred. The said rate is therefore accepted for purposes of determining the compensation under Section 23 of the LA Act. Hence, the compensation be re-determined on the said land value or rate. The other components of compensation such as additional compensation @ 12% under Section 23(1) (A) of the LA Act, solatium @ 30% under Section 23(2) of the LA Act be assessed accordingly. Interest be added in terms of Section 34 of LA Act.
Ms. S Deb(Gupta) and Ms. S Nandi, learned counsel appearing for the appellants has acceded to the said rate. The consensus at the bar is accordingly recorded.
In the premises, the Land Acquisition Collector is directed to make payment of compensation within a period of 3(three) months from the date when a copy of this order be placed before him in one go.
Accordingly the appeal is partly allowed.
A copy of this order be sent to the LA Collector, West Tripura forthwith.
Send down the LCRs forthwith.