Deputy Chief Engineer vs Sukhi Bala Das And Ors

As per office report dated 04-09-2019, respondent No.2 stands served. But notice issued upon the respondent No.1 has been returned unserved. Despite repeated calls, none has chosen to enter appearance on behalf No.2. Hence, the case is proceeded ex parte against respondent No.2.

Mr. Debjyoti Debnath, 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-2, Gomati Judicial District, Udaipur in Case No. Misc. (L.A.) 12 of 2017, titled as Smti Sukhi Bala Das Vrs. The Deputy Chief Engineer (Construction) & another.

The operative portion of the judgment reads as under:-

"In the result, claimant-petitioner Smt. Sukhi Bala Das is allowed compensation for the acquired land @ Rs. 9,00,000.00 per kani (Nine Lakhs) per kani for 0.19 acres of land plot no. 5, Khatiyan No.505.

The enhanced 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 date of Notification under Section-4 of the Act till the date of possession or award whichever is earlier.

The interest on the amount of enhanced 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 circumstance, there is no order as to cost."

Mr. Debjyoti Debnath, 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 @ Rs.6,00,000/- 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 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 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.