Deputy Chief Engineer vs Benilal Das And Ors

Mr. Debjyoti Debnath, learned counsel for the appellant states that this appeal is covered with an order passed by this Court in L.A. No.95 of 2018 titled as The Deputy Chief Engineer (Construction), N.F. Railway versus Sri Rakhal Ch. Das & others. Such statement is accepted and taken on record.

Appellant laid challenge to the judgment dated 04.02.2019 passed by the learned Land Acquisition Judge, South Tripura, Belonia in Case No. L.A.( Ref.) 51 of 2017, titled as Sri Benilal Das Vrs. Land Acquisition Collector, South Tripura, Belonia & another.

The operative portion of the award reads as under:-

"The claimant shall get compensation for the acquired land at the enhanced rate @ Rs.10,00,000/- (Rupees ten lakhs) per kani. The claimant shall also get compensation in enhanced rate @ Rs.4,500/- per Rubber tree for 482 Nos. of 10 years old Rubber tree. In addition to that, the LA. Collector shall pay solatium @ 30% on the enhanced amount of compensation. And cost of Rs.500/- incurred in the proceeding under Sec.27 of L.A Act. The L. A. Collector shall also pay interest @ 9% per annum on the enhanced amount of award from the date of taking possession of land till the actual date of payment under Sec.28, L.A. Act. The L. A. Collector shall pay further interest @ 9% per annum on the enhanced amount of compensation from the date of taking possession till the date of payment under Sec.34 of L.A Act.

The case stands disposed of on contest.

Make necessary result entry into the Trial Register."

It is an admitted case of the parties 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 appeal decided by this Court in L.A. No.95 of 2018 titled as The Deputy Chief Engineer (Construction), N.F. Railway versus Sri Rakhal Ch. Das & others, decided on 05.07.2019. In terms of the said award, the compensation stands re-determined @ ₹7,50,000/- per kani. No other point is urged by learned counsel for the appellant.

As such, 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.

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.