Subrata Mahalanabish vs Deputy Chief Engineer (Con-1), NF Railway And Anr.

Heard Mr. Ranjit Debnath, learned counsel appearing for the appellant. Also heard Mr. A. De, learned standing counsel appearing for the NF Railway and Mr. P. Gautam, learned counsel appearing for the LA Collector, West Tripura.

The instant land acquisition appeal is directed against the judgment and award dated 30.04.2019, passed by learned LA Judge, West Tripura, Agartala in Misc.(LA) 108/2014.

Briefly stated, by notification dated 24.06.2011 under a reference No.F.9(7)-REV/ACQ/XIV/2011, the land in question was acquired by the LA Collector, West Tripura under Section 4 of the LA Act. The acquired land was recorded in Khatian No.2233, comprising of Plot Nos. 567/8291/P,570/P, 564/P, 565, 566/P and 567/P.

Having receipt of notice of such notification, the land- loosers appeared before the LA Collector to determine the rate of compensation of the acquired land. Upon hearing the appellant, the LA Collector assessed the market value of the land @ Rs.4,00,000/- (Rupees four lakhs) per kani. Being aggrieved of the said award, the land-loosers prayed for reference under Section 18 of the LA Act. Before the learned LA judge, the land losers filed claim statements. The LA Collector as well as the requiring department i.e. the NF Railway also filed counter statement denying the claim of the claimants that the acquired land accrued the value of Rs. 30,00,000/- (Rupees thirty lakhs) per kani.

Learned LA Judge after exchange of pleadings, framed issues. On the basis of issues, the parties appearing to the lis adduced their respective evidences and produced certified copies of some exemplar sale deeds which according to the appellant are in close proximity to the acquired land of the appellant.

At the closure of recording evidence, the learned LA Judge having heard the learned counsels appearing for the parties to the lis determined the market price of the land @ Rs.8,00,000/- (Rupees eight lakhs) per kani. Feeling aggrieved and dissatisfied with the said judgment and award, the appellant has preferred the instant appeal before this court seeking further enhancement of compensation.

Mr. Debnath, learned counsel appearing on behalf of the appellant submits that the learned LA Judge determined the market price of the acquired land on the basis of presumption. He did neither take into account the exemplars deed produced by the appellant which were marked as exhibits being proved as Exbt.1 and Exbt.2 and also taking into consideration the factual aspects which would be evident from the assessment note of the LA Collector where the LA Collector himself after verification of the area came to a conclusion that the acquired land is situated within half kilometre distance from Bishalgarh market. The LA Collector in his assessment note had assessed the market price of the Bastu/viti class of land @ Rs.22,00,000/- lakhs per kani.

I have gone through the assessment note. It transpires from the said note that the LA Collector himself observed that - the important locations such as Uttar Brajapur High School, VLW Centre, water removal plant, market stalls & open market sheds are on the proposed alignment. The market area is mainly comprised on the north bounded by plot nos.373, 374 & 375 while outlying parts towards south by plot nos. 454 & 456. This area is being used for commercial and different official purposes. So this block will deserve higher rate than that of the rest area located on north & south of the market. This portion is identified as Block No. "A". The northern part of the market area which is coherent to sheet no. 1 of revenue village Krishna Kishore Nagar is identified as Block "B-1" and southern part of the market area is as identified "B-2".

As I said earlier, the LA Collector assessed the market price of 'A' Class of land @Rs.22,00,000/- per kani and Rs. 20,00,000/- per kani for tilla and lunga class of land.

I have perused the judgment of the learned LA Judge. I find learned LA Judge did not even look into the assessment note while assessing the market price of the acquired land. The acquired land is situated within Block 'B1' as assessed by the LA Collector. I am surprised to note that while the market price of the land under Block 'A' had been determined at Rs.22,00,000/- and Rs. 20,00,000/- per kani, how the coherent land which is situated just at the northern side of 'Block-A' can be determined only at Rs.6,00,000/- per kani. In my opinion, such determination of market price of the acquired land is unreasonable and arbitrary and not consistent with the law of the land. As I have already observed that the acquired land is just adjacent to the land of 'Block-A', in my opinion, the market price of the acquired land should be determined at Rs.18,00,000/- per kani.

Accordingly, the claimant-appellant shall be entitled to get compensation out of acquired land @ Rs.18,00,000/- ( Rupees eighteen lakhs) per kani. Needless to say, this award shall include all the statutory benefits including interest under Section 34 of the Land Acquisition Act. The LA Collector is directed to re-calculate the compensation on the basis of this judgment and award and pay the same to the appellant within a period of 6(six) months from the date of receipt of copy of this judgment.

In the above terms, the appeal stands allowed. Send back the LCRs.