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Judgment
Heard Ms. R Purkayastha, learned counsel appearing for the appellant as well as Mr. RG Chakraborty, learned counsel appearing for the respondents.
This is an appeal under Section 54 of the Land Acquisition Act (LA Act, in short) from the judgment and award dated 08.12.2015 delivered in LA (Ref) No.13 of 2014 by the Land Acquisition Judge, South Tripura, Belonia.
From the appellant, a piece of land measuring 0.003 acre of Nal class, pertaining to Plot No.1823/9807/P under Mouja and T.K. Belonia was acquired for purpose of improvement of road under Belonia Nagar Panchayat area from Ratanmani Setu to Revenue Dak Bunglow under Belonia Sub-Division by the notification No.F.9(16)-REV/ACQ/XII/10 dated 09.06.2010. The Land Acquisition Collector had valued the land while making his assessment under Section 11 of the LA Act at Rs.18,00,000/- per kani along with other components of the compensation.
Being aggrieved by such valuation of land, as acquired, the appellant pressed for reference under Section 18 of the Land Acquisition Act. The said reference being case No. LA (Ref) 13/2014 has been answered by the judgment dated 08.12.2015.
Having referred to the documentary evidence in respect with the proximate land & class, the Land Acquisition Judge has enhanced the rate from Rs.15,00,000/- to Rs. 40,00,000/- per kani by observing as under:
" From the assessment note prepared by the L.A. Collector it is revealed that he has consulted 7 Nos. of sale deeds relating to Bastu, Viti, Nal, Dokan etc. and highest value for Bastu class of land is found @ Rs.28,83,019/- per kani and said deeds registered in the year 2009 and the land is acquired in the year 2010 and assessed the value of the acquired land @ Rs.18,00,000/- per kani which in my view is less than the market value of the acquired land. Considering the assessment note prepared by the authority, claim petition, written objection, documents and evidence of the parties, I am of the view that, rate of acquired land assessed by the L.A. Collector is less than the market value, so should be enhanced. Accordingly, the value of the acquired land is raised Rs.40,00,000/- per kani.
The amount of compensation awarded for the said purpose by the L.A. Collector be deducted from the said enhanced amount. "
Ms. R Purkayastha, learned counsel appearing for the appellant has submitted that this appeal is covered by a previous judgment of this court in Manoranjan Pal & Anr. Vs. Land Acquisition Collector & Anr. [the order dated 26.11.2018 delivered in LA App. No.08/2015]. The land in the said appeal, being LA App. No.08/2015, was also acquired for the same purpose and it was also a proximate land. By the said judgment, the land value was determined at Rs.50,00,000/- per kani.
Ms. R Purkayastha, learned counsel has submitted that on the acquired land there was a shop with concrete floor and bamboo wall but for that no amount has been paid. The court has perused the award and found that no amount has been paid. On the said ground i.e. non-payment of any compensation on that head of damage to the existing structure has become one of the principal objections in the petition seeking reference under Section 18 of the LA Act.
Having regard to the nature of the shop, this court is of the view that the appellant should get some compensation for damage and removal of that shop.
Mr. RG Chakraborty, learned counsel appearing for the respondents has fairly submitted that in view of the decision in the judgment dated 26.11.2018, as referred by Ms. R Purkayastha, learned counsel appearing for the appellant, the similar rate may be allowed in the present appeal.
This court appreciates the fairness of Mr. Chakraborty, learned counsel. As such, the rate is enhanced from Rs.40,00,000/- per kani to Rs.50,00,000/- per kani and for purpose of damage and removal of the shop another sum of Rs.25,000/- is awarded to the appellant.
Hence, the respondents shall pay the compensation in terms of Section 23 of the LA Act, meaning that with the land value the other components viz. solatium @ 30% under Section 23(2) of the LA Act and additional compensation @ 12% under Section 23(1A) of the LA Act be paid to the appellant. With the said amount, the interest under Section 34 of the LA Act be added. A further sum of Rs.25,000/- be added for damages as aforestated and the total compensation thus would be computed. The amount aggregated be paid to the appellant within a period of 4(four) months from the day when the appellant shall submit a copy of this order to the Land Acquisition Collector.
In terms of the above, this appeal stands allowed.
Send down the LCR's forthwith.