Deputy Chief Engineer vs Nidhan Das And Ors

[1] Appellant laid challenge to the award dated 10.09.2018 passed by the learned Land Acquisition Judge, South Tripura, Belonia in case No. L.A. (Ref.) 43 of 2017, titled as Sri Nidhan Das vs. The L. A. Collector, South Tripura, Belonia & Others.

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. 500/- per Rubber plant for 10 Nos. of 3 years old Rubber plant. The L.A. Collector shall also pay @ Rs. 1,000/- per Gamai tree for 3 Nos. of Gamai tree of the girth of 3'-6'' and @ Rs. 1,200/- per segun tree for 2 Nos. of segun tree of the girth of 3'-2'. In addition to that, the L.A. Collector shall pay solatium @ 30% on the enhanced amount of compensation. And cost of Rs. 500/- incurred in the proceeding under Section 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 Section 28 of 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 Section 34 of the L.A. Act.

The case stands disposed of on contest.

Make necessary result entry into the Trial Register."

[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. 07 of 2019, titled as The Deputy Chief Engineer (Construction), N.F. Railway vrs. Sri Dilip das & Others and the matter decided on 05.07.2019.

[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.