AGARTALA MUNICIPAL CORPORATION Vs. BIVA RANI GHOSH
LAWS(TRIP)-2021-3-50
HIGH COURT TRIPURA
Decided on March 25,2021

Agartala Municipal Corporation Appellant
VERSUS
Biva Rani Ghosh Respondents

JUDGEMENT

ARINDAM LODH,J. - (1.) Heard Mr. TD Majumder, learned senior counsel assisted by Mr. T. Halam, learned counsel for the appellant. Also heard Mr. GS Bhattacharjee, learned counsel appearing for the claimant-respondents.
(2.) A small piece of land measuring 0.1900 acres was acquired by the LA Collector in the year 2012 by issuing notification under Section 4 of the LA Act for construction of ground water treatment plant and overhead tank at Jogendranagar. The LA Collector determined the compensation considering the market price of the land at Rs. 7,50,000/- per kani. The appellant i.e. the referring claimant sought for reference. Claim statement and counter statements were submitted by the respective parties before the learned LA Judge. The learned LA Judge having considered the evidences led by the respective parties and the Sale Deeds produced by the parties had assessed the valuation the acquired land at Rs. 30 lakh per kani vide judgment and award dated 24.01.2019 in Misc (LA) 157 of 2014. The appellant i.e. Agartala Municipal Corporation being dissatisfied with the said judgment and award has preferred the instant appeal.
(3.) Mr. TD Majumder, learned senior counsel challenging the award has submitted that the learned LA Judge had assessed the valuation of the acquired land considering the market price at Rs. 30 lakh per kani is based on no evidence. According to Mr. Datta Majumder, the learned LA Judge himself discarded the exemplar Deeds as produced by the referring claimants during the proceeding, but, without any material, the learned LA Judge had enhanced the rate of compensation considering the valuation of the land at Rs. 30 lakh per kani.;


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