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Judgment
Heard Mr. D Sharma, learned Addl. GA appearing for the appellants and Ms. P Deb (Pal), learned counsel appearing for the respondents.
This is an appeal under Section 54 of the Land Acquisition Act, 1954 (LA Act, in short) from the judgment and award dated 11.08.2016 delivered in Misc (LA) No.170/2012 by the Land Acquisition Judge, West Tripura, Agartala. In this appeal, the principal objection, as raised, is in respect of the value of the land as determined by the Land Acquisition Judge at Rs. 8,00,000/- per kani.
Mr. D Sharma, learned Addl. GA appearing for the appellants has strenuously argued that the Land Acquisition Judge awarded a sum of Rs.35,000/- per kani but the Land Acquisition Judge enhanced it to Rs.8,00,000/- per kani on the basis of the judgments passed in Misc (LA) No.08/2005 [Exhibit-1 series], Misc. (LA) No.40/2005 [Exhibit - 2 series] and in Misc. (LA) No.41/2005 [Exhibit - 3 series]. According to Mr. Sharma, learned Addl. GA these judgments have been inappropriately applied in the said case to derive a rate at Rs.8,00,000/- per kani. The equal rate has been given by the Land Acquisition Judge which was given in those cases. Mr. Sharma, however, did not dispute that those judgments passed by the Land Acquisition Judge is out of the same project and as such, it can be stated that the acquired land in close proximity.
But Mr. Sharma, learned Addl. GA has quite emphatically relied on the decision of this court in The State of Tripura & Ors. vs. Mira Rani Kar (Dutta) [the common judgment dated 14.09.2016 delivered in LA App. No. 79/2013 and others]. In the said judgment, the awarded value of the acquired land out of the same project has been reduced to Rs.2,00,000/- per kani from Rs.15,70,000/- per kani.
Ms. P Deb (Pal), learned counsel appearing for the respondents, at the outset, submitted that the judgment dated 14.09.2016, as referred by Mr. Sharma, learned Addl. GA appearing for the appellants, has been stayed by the apex court in the appeal filed by the referring claimants.
Ms. P Deb (Pal), learned counsel has submitted that subsequently this court passed another decision in Land Acquision Collector and Anr. vs. Phani Bhushan Sarkar [the common judgment dated 21.07.2015 delivered in LA App. No.71/2011 and others], where this court dismissed the appeal filed by the Land Acquisition Collector and the Commandant, 1st Battalion, TSR (the requisitioning department) where the rate as awarded the Land Acquisition Judge has been affirmed on the ground that the state had implemented the said judgment. But no rate is mentioned. Subsequently, in The Commandant, 1st Battalion, TSR vs. Smt. Chhayashri Debbarma and Ors. [the common judgment dated 21.06.2016 delivered in LA No.50/2013] the appeal was dismissed in view of the judgment dated 20.01.2015 delivered in LA App. No.71/2011.
It has been stated by Ms. P Deb (Pal), learned counsel that the rate for purpose of award was Rs.8,00,000/-per kani and no different rate was given on the basis of the class of land. According to her, there was an attempt to review the judgment dated 21.06.2016 delivered in LA App. No.50/2013 by filing the Review Petition No. 37/2017 but the said review petition has been dismissed by the order dated 29.01.2019 and no further action by the appellants herein has been taken. As such, those judgments have reached their finality.
The land in those appeals are from the same project and under the same notification and the award was satisfied by the Land Acquisition Collector. According to Ms. P Deb (Pal), learned counsel there cannot be different treatment in respect of the present appeal.
On perusal of the assessment sheet prepared by the Land Acquisition Collector, which is a part of the record, it would be apparent that all classes of land were given the same rate at Rs.35,000/- per kani. There is no dispute regarding the amount of land etc. from the appellants.
For purpose of reference, it may be stated that by the notification No. F.9(12)-REV/ACQ/II/1995 dated 19.08.1996 a tract of land measuring more or less 9.52 acre at Mouja Gokulpur, including the acquired land of the respondents measuring 1.03 acres pertaining to plots No.4152, Khatian No.576 were acquired. When the land value was determined by the LA Collector at Rs.35,000/- per kani, the referring claimants, being aggrieved, pressed for the reference under Section 18 of the LA Act for getting the appropriate value of the land. The reference was duly made. The said reference being Misc. LA App. No.170/2012 has been answered by the impugned judgment dated 11.08.2016 by holding that the referring claimants would get the land value at Rs.8,00,000/- per kani.
Having regard to the judgments delivered by this court for the acquisition, covered by the same notification and applying the principle available under Section 28A of the Land Acquisition Act, this court cannot take a different view and accordingly, the land value as determined by the Land Acquisition Judge at Rs. 8,00,000/- per kani is affirmed. The compensation be accordingly computed under Section 23 of LA Act, meaning with the land value the solatium @30% under Section 23(2) of the LA Act and additional compensation @12% under Section 23 (1A) of the LA Act be added.
It is made absolutely clear that the said compensation shall carry interest, in terms of section 34 of the LA Act, which has been awarded by the LA Judge.
Accordingly, this appeal fails. Consequently, it stands dismissed.
The award shall be satisfied within a period of 4(four) months from the day when the respondent shall furnish a copy of this order to the Land Acquisition Collector.
Send down the LCR's forthwith.