Sunil Chanda vs Land Acquisition Collector

For a public purpose namely, up-gradation of Churaibari Check post, land in village Churaibari sub-division, Dharmanagar District, North Tripura was acquired by the Government. The acquisition proceedings under the provision of Section 11 of the Land Acquisition Act, 1894 (for short, the Act) commenced with the publication of Notification No. F.9(14)-REV/ACQ/1/2008 dated 21.10.2008 under Section 4 of the Act. The Collector, Land Acquisition passed his award dated 10th March, 2009 determining the market value of the acquired land @ ₹54,000/- (class-Lunga) per kani.

For the purposes of proper appreciation and correct understanding, a table depicting the measurement of the land is reproduced as under :

Measurement of Land

1 Dhur = 3.6 Sq. Ft.

20 Dhur = 3.6 Sq. Ft. × 20 = 72 Sq. Ft. = 1 Kranti

3 Kranti = 72 Sq. Ft. × 3 = 216 Sq. Ft. = 1 Kara

4 Kara = 216 Sq. Ft. × 4 = 864 Sq. Ft. = 1 Ganda

20 Ganda=864 Sq.Ft.× 20 =17,280 Sq. Ft. = 1 Kani.

1 Kani = 0.39669421 Acre.

1 Acre = 43560 Sq. ft.

The extent of the land acquired, subject matter of the present appeal is 0.08 acres i.e. 323.7485 square metre (1 acre = 4046.86 square metre). As such, considering the small quantity of land, the total amount of compensation determined by the Collector, including the component of solatium and interest was worked out to be ₹14,526/-.

It is a matter of record that dissatisfied with the same, land owners sought land reference which stood adjudicated in terms of impugned award dated 08.10.2015 passed by the learned Land Acquisition Judge, North Tripura, Dharmanagar in Civil Misc (L.A) No. 12 of 2012 titled as Shri Sunil Chanda Vrs. The Land Acquisition Collector whereby market value of the land stands re-determined @ ₹5,00,000/- per kani. Still dissatisfied, claimant has preferred the present appeal under Section 54 of the Act.

Mr. P. Roy Barman, learned counsel for the appellant invites attention of the Court to the fact that with respect to very same acquisition proceedings, in the very same vicinity, Reference Court, in different proceedings (a) has enhanced market value of the land from ₹45,000/- to ₹20,00,000/-per kani in the case of one Sri Arobinda Dhar, owner of plots No.5589 and 5588; and (b) in the case of Sri Umapada Chanda, owner having plot bearing No. 5582/7188(p) and 5582/7189 @ ₹ 32,00,000/-per kani. As such, based on variation, which is extreme in nature, it is prayed that compensation be enhanced at least to the extent which stands awarded in favour of the petitioner's immediate neighbour Sri Arobinda Dhar.

In the instant case, petitioner's plot number is 5584 and the neighbours plot No. is 5589 & 5588.

It is seen that in the reference petition petitioner prayed as under:

"That, this acquired land was quite potential & located in this Churaibari Township and connected to different facilities of that township including its market and also to public road. It bore high market value at the time of this acquisition. It's rate of price was minimum Rs.20 lakh per kani. Nearby this land, another land of one Arobinda Dhar of Churaibari located in R.S Plot No. 5589 (0.15 Ac. of class lunga) and 5588 (0.36 Ac. Of class lunga) of the Mouja Churaibari was also acquired and the award given was Rs.25,29,463/- for this 0.51 Ac. In total of lunga class, price rate being about Rs.20 lakh (Rs.20,00,000/-) per kani and this acquisition was made at the same time.****"

Noticeably, in the objection petition there is no denial of such fact. In fact, the District Magistrate and Collector is absolutely silent with regard thereto. It is not that reference petition is to be adjudicated on the basis of pleadings but then even in the evidence i.e. affidavit dated 24th April, 2014 filed by the claimant, Sri Subhas Chanda, such fact stands deposed as under:

"That, this acquired land was quite potential & located in this Churaibari Township and connected to different facilities of that township including its market and also to public road. It bore high market value at the time of this acquisition. It's rate of price was minimum Rs.20 lakh per kani. Nearby this land, another land of one Arobinda Dhar of Churaibari located in R.S Plot No. 5589 (0.15 AC. Of class lunga) and 5588 (0.36 AC. Of class lunga) of the Mouja Churaibari was also acquired and the award given was Rs.25,29,463/- for this 0.51 AC, in total of lunga class, price rate being about Rs.20 lakh (Rs.20,00,000/-) per kani and this acquisition was made at the same time. Moreover following two regd.****"

On this count the witness was not cross-examined and there is no denial of such fact. The testimony goes unrebutted.

Learned Govt. Advocate states that there is nothing on record to establish classification of the acquired land with that of land belonging to Sri Arobinda Dhar. True, there is no document on record to such effect. But then in the statement, claimant himself has disclosed, which fact remains unrebutted, that the acquired land itself had "quite potential" and is "located in Churaibari town ship". Also land of the petitioner, which is of lunga category, is similar to that of Sri Arubinda Dhar.

It is in this backdrop, this Court finds submission made by learned Govt. Advocate that no amount can be enhanced based on such pleadings or evidence to be legally unsustainable.

As such, this Court is inclined to interfere with the impugned award and re-determined the market value of the land for there is clear, cogent and sufficient evidence necessitating the same. All these aspects were totally ignored by the reference Court which has resulted into passing of an erroneous order. It is a settled principle of law that based on the true and correct market value, the true claimant is entitled to such compensation which is just, fair and reasonable. It be only observed that there is nothing on record to establish similarity of the acquired land with that of the land belonging to Sri Umapada Chanda. As such, compensation has to be determined on the basis of what stood awarded in the case of Sri Arubinda Dhar. Accordingly, market value of the land is re-determined from ₹5,00,000/- as was so done by the reference Court to ₹20,00,000/-per kani.

For all the aforesaid reasons, impugned award dated 08.10.2015 passed by the learned Land Acquisition Judge, North Tripura, Dharmanagar in Civil Misc (L.A) No. 12 of 2012 titled as Shri Sunil Chanda Vrs. The Land Acquisition Collector stands modified to the extent indicated above.

The appeal stands disposed of. Pending application(s), if any, also stands disposed of. Record be sent back immediately.