Deputy Chief Engineer vs Amir Hussain

[1] Appellant laid challenge to the award dated 11.08.2016 passed by the learned Land Acquisition Judge-2 Gomati Judicial District, Udaipur, in case No. Misc (L.A) 03 of 2013, titled as Shri Amir Hussain vs. The Dy. Chief Engineer (Construction) N. F. Railway & Others.

The operative portion of the award reads as under:

"In the result, claimant is allowed compensation for the acquired land @ Rs. 11,20,350/- (rupees eleven lakh twenty thousand fifty) only per kani for the land mentioned in Plot No. 180/4017, Khatian No. 911 for land measuring 0.14 acre classified as chara.

The compensation allowed shall be added with 30% solatium under Section 23(2) of the Act and 12% interest under Section 23(1)(A) of the Act from the of Notification under Section 4 of the Act till the date of possession or award whichever is earlier.

The interest on the amount of compensation and solatium shall be @ 9% per annum from the date of possession till one year and @ 15% per annum from the date of expiry of one year till the date of payment of enhanced amount.

In the circumstances, there is no order as to cost.

Prepare award accordingly.

The case is thus disposed of on contest."

[2] It is a common case of the parties 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 with the amount of compensation. In fact, this was so done in the appeal decided by this Court in L.A. App. No. 26 of 2015, titled as The State of Tripura & Others vs. Sri Manas Paul & Others and the matter decided on 23.07.2018.

[3] As such, as mutually prayed for, the present appeal is disposed of making the directions contained therein application mutatis mutandis, to the instant case and the petitioner is entitled to compensation at such rate and on such terms as stands determined by this Court in the said decision.

[4] The appeal stands disposed of. Return the LCRs forthwith. Pending application(s), if any, also stands disposed of.