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Judgment
[1] Heard Mr. R. Datta, learned counsel appearing for the appellants as well as Mr. P. Gautam, learned counsel appearing for the respondents.
[2] All these appeals under Section 54 of the Land Acquisition Act, 1894 [the L.A. Act in short] against the judgment and award delivered by the L.A. Judge are fundamentally structured on the question of valuation of the acquired land, assessment of damage of the structure or trees, attached to the acquired land. The acquired land in each of the appeals is from the Mouja- Chailengta and is acquired under the same notification dated 27.04.2004. In view of this, the appeals being L.A. App. No.48 of 2018 [Smt. Indrani Chakma vs. the L.A. Collector, Dhalai Tripura & Anr.], L.A. App. No.50 of 2018 [Shri Debapriya Chakma & Ors. vs. the L.A. Collector, Dhalai Tripura & Anr.] and L.A. App. No.54 of 2018 [Shri Mitan Sarkar vs. the L.A. Collector, Dhalai Tripura & Ors.] are consolidated for disposal by a common judgment.
[3] The material facts for determination be introduced briefly in the beginning.
L.A. App. Np.48 of 2018
By the notification dated 27.04.2004, the appellant's land pertaining to CS Plot No.1366/2644/P in the category of Pukurpar, Nal class of land measuring 0.02 acres and CS Plot No.1370/P, Bastu class of land, measuring 0.9 acres in total 0.11 acres pertaining to Khatian No.537 of Mouja-Chailengta was acquired by the appropriate government for construction of NH-44/A from Manu to Shimlung. The L.A. Collector awarded compensation of Rs.12,860/- for attachment and compensation for the land at Rs.80,000/- per kani for Nal class of land and Rs.2,00,000/- per kani for Bastu class of land. The land-loser claimed Rs.10,00,000/- per kani for all classes of land, but the LA Collector as well as the LA Judge refused to give the said amount as the value per kani. The LA Judge by the judgment and award dated 24.07.2014 delivered in Civil Misc.(LA) No.46 of 2014, which had been initiated on reference under Section 18 of the L.A. Act, has denied to enhance the amount and simply affirmed the determination made by the LA Collector under Section 11 of the LA Act, 1894. Being aggrieved, the said judgment and award dated 24.07.2014 has been challenged in the appeal being L.A. App. No.48 of 2018. The LA Judge, has, however enhanced the compensation to Rs.52,000/- from Rs.49,000/-, as was assessed by the LA Collector, without changing the basic land value. It appears that on the acquired land there were fruit bearing trees, but there was no structure. The LA Collector adduced the evidence by producing the assessment order dated 25.11.2005. It appears that the said order was not meticulously examined by the LA Judge while passing the said judgment which was his bounden duty while determining the reference. From Exbt.G series, as adduced by the LA Collector, it appears that the highest price of the Nal class of land of is Rs.1,50,000/- per kani and for Bastu class of land is Rs.2,00,000/- per kani.
L.A. App. No.50 of 2018
By the notification dated 27.04.2004 under Section 4 of the LA Act, the appellants' land measuring 0.14 acres under CS Plots No.1297/2596(P), bastu (0.02 acre) and C.S. Plot No.1299(P) Nal class (0.12 acre) pertaining to Khatian No.482 under Mouja- Chailengta was acquired for the said purpose i.e. the construction of NH-44/A from Manu to Shimlung. The LA Collector had awarded Rs.2,00,000/- per kani for Viti class of land and Rs.80,000/- per kani for Nal class of land whereas the claim of the land losers was Rs.10,00,000/- per kani. As the land losers were aggrieved by the said determination under Section 11 of the LA Act, they had raised objection to have the reference under Section 18 of the LA Act. The reference being Civil Misc(LA) No.50 of 2014 has been determined by the LA Judge by the judgment dated 24.07.2014 by refusing to enhance the rate. The evidence as adduced by the land losers and the LA Collector were purported appreciated and finally, it has been observed that there is no cogent evidence to show that the referring claimants were entitled to get high price than those were determined by the LA Collector.
[4] Mr. R. Datta, learned counsel appearing for the appellants has however stated that over the land there were 13 huts which were completely demolished for acquisition and for that purpose, only a sum of Rs.28,361/- was given as damage which is quite inadequate.
[5] Mr. P. Goutam, learned counsel appearing for the respondents having referred to the assessment sheet and the impugned judgment has contended that no infirmity visited the determination. Every possible caution for purpose of determining the value of the acquired land has been taken and as such, no interference is warranted.
L.A. App. No.54 of 2018
By the notification dated 27.04.2004 the land of the appellants pertaining to CS Plot No.1840(P), Khatian No.336 of Mouja-Chailengta, Bastu class of land, was acquired for construction of NH-44/A from Manu-Shimlung. Over the land value, additional amount of Rs.4,730/- was awarded for trees and crops and Rs.6,175/- for removal of huts and machineries was awarded by the LA Collector. The claim of the land-losers was Rs.10,00,000/- per kani for the acquired land but since that was not given, he pressed for reference under Section 18 of the LA Act. The reference being Civil Misc.(LA) No.49 of 2014 has been determined by the LA Judge by the judgment dated 24.07.2014. It has been observed by the LA Judge that there is no cogent evidence to show that the referring claimants were entitled to higher price than what was determined by the LA Collector.
[6] Mr. Datta, learned counsel appearing for the appellants has submitted that there was no appreciation of the evidence as led, even Exbt.G series was not properly scrutinized by the LA Judge. Moreover, the amount of damage is so meagre, it cannot be stated neither realistic nor just. Hence, he urged for the enhancement on considering the claim of the land-losers at Rs.10,00,000/- per kani.
[7] Mr. Goutam, learned counsel appearing for the respondents however has with vehemence submitted that there is no infirmity in the judgment of the LA Judge. The assessment order which is a reflection of meticulous consideration of relevant factors for determining the land value or the damage has been adequately appreciated by the LA Judge. Hence, no interference is called for.
[8] The mode of assessing the compensation is homogenous inasmuch the land value that has been determined by the LA Collector are common. For purpose of reference, those determinants may be reproduced hereunder:
Nal
Rs.1,50,000/- per kani
Bastu
Rs.2,00,000/- per kani
Bhiti/Chara
Rs.1,20,000/- per kani
Dokan
Rs.1,60,000/- per kani
Pukur/Pukurpar/Lunga
Rs.80,000/- per kani
Khelermath/Debasthan Rasta/Path/Sarak/Karan/Chhatrabash/ Layekpatit
Rs.30,000/- per kani
On the basis of the said land value, the award has been made. For purpose of determining this value of the various classes of land, 6[six] sale transactions had been considered by the LA Collector and in the assessment sheet the value and other formations have been reflected in a tabular form. For purpose of ready reckoner the said table is reproduced below:
Sl. No.
Deed No. & Date
CS Plot No.
Area
Class of Land
Value of land sold
Rate per kani
1
1-9 dt. 21.01.04
1322
0.05
Bastu
Rs.15,000/-
Rs.1,20,000/-
2
1-11 dt. 22.01.04
1560
0.10
Bastu
Rs.14,000/-
Rs.56,000/-
3
1-21 dt. 04.02.04
1727,1729, 1730,1726, 1731,1732
0.30
Pukur, Nal, Dokan
Rs.1,20,000/-
Rs.1,60,000/-
4
1-32 dt. 09.02.04
1362
0.16
Nal
Rs.60,000/-
Rs.1,50,000/-
5
1-45 dt. 26.02.04
1370
0.20
Bastu
Rs.1,00,000/-
Rs.2,00,000/-
6
1-48 dt. 01.03.04
571/2508
0.20
Bastu
Rs.60,000/-
Rs.1,20,000/-
[9] It is apparent from the said table that the highest sale exemplar that was considered by the LA Collector for the Nal class of land that fetched the consideration money Rs.1,50,000/- per kani in a proximate time of acquisition i.e. the transaction was carried out on 09.02.2004. However, the highest sale transaction for the Bastu class of land as reflected in the sale deeds as considered by the LA Collector vide 1-45 dated 26.02.2004 is Rs.2,00,000/- per kani. Therefore, so far the land value of land of Bastu class is concerned, the LA Collector has applied the highest value from the sale transactions that he had considered, but he had not done so while determining the value of the Nal class of land. Rather he has taken a strange method and arbitrarily determined the rate at Rs.80,000/- per kani for Nal class of land. Following the principle as deduced by the apex court in Mehrawal Khewaji Trust [Regd.] Faridkot & Ors. vs. State of Punjab & Ors., reported in AIR 2012 AIR SC 2721, the LA Collector has acted contrary to the interest of the land-losers. The apex court has, in no unambiguous words, propounded the principle in the following words:
"15. It is clear that when there are several exemplars with reference to similar lands, it is the general rule that the highest of the exemplars, if it is satisfied, that it is a bona fide transaction has to be considered and accepted. When the land is being compulsorily taken away from a person, he is entitled to the highest value which similar land in the locality is shown to have fetched in a bona fide transaction entered into between a willing purchaser and a willing seller near about the time of the acquisition. In our view, it seems to be only fair that where sale deeds pertaining to different transactions are relied on behalf of the Government, the transaction representing the highest value should be preferred to the rest unless there are strong circumstances justifying a different course. It is not desirable to take an average of various sale deeds placed before the authority/court for fixing fair compensation."
[10] It is apparent from reading of Mehrawal Khewaji Trust (supra) that the apex court has laid down that it will be only fair where sale deeds pertaining to different transactions are relied on behalf of the Government, that representing the highest value should be preferred to the rest unless there are strong circumstances justifying a different course. It is not desirable to take an average of various sale deeds placed before the authority or the court for fixing the fair compensation. This court, therefore, is of the view that Nal class of land should have been valued at Rs.1,50,000/- per kani in respect of the land, as acquired, for construction of NH-44/A from Mouja-Chailengta. So far the damage is concerned in LA App. No.50 of 2018, the damage should be enhanced to Rs.50,000/- from Rs.28,361/- and so far the damage in L.A App. No.54 of 2018 is concerned, the value of the structure, tress and huts, should be enhanced to Rs.25,000/-. The component of the damage initially has to be kept apart and that should be added only after determining the compensation under Section 23 of the LA Act, meaning, first the value of the land be determined in terms of the rate viz. Rs.2,00,000/- per kani for Bastu class of land [unchanged] and Rs.1,50,0000/- per kani for Nal class of land [changed]. Thereafter, the additional compensation under Section 23 (1A) of the LA Act at 12% be calculated and also the solatium under Section 23(2) of the LA Act @30% be calculated making an aggregate of the entire amount. The interest as on compensation be calculated under Section 34 of the LA Act. After the compensation is determined, separately on the basis of those components as stated, the damage shall be added with that amount. The compensation, inclusive of all, be paid to the appellants within a period of 3[three] months from the date of receipt of the copy of the judgment and order.
In terms of the above, these appeals are partly allowed.
Send down the LCRs forthwith.