FORTUNA AGRO PLANTATIONS LIMITED Vs. UNION OF INDIA, NEW DELHI
LAWS(TRIP)-2021-1-21
HIGH COURT TRIPURA
Decided on January 05,2021

Fortuna Agro Plantations Limited Appellant
VERSUS
UNION OF INDIA, NEW DELHI Respondents

JUDGEMENT

S.Talapatra,J. - (1.) Heard Mr. S. M. Chakraborty, learned senior counsel assisted by Ms. A. Paul, learned counsel appearing on instruction of Mr. G. S. Bhattacharjee, learned counsel appearing for the petitioner as well as Mr. B. Majumder, learned ASGI and Mr. D. Bhattacharya, learned G.A. appearing for the respondents.
(2.) By means of this petition filed under Article 226 of the Constitution of India, the petitioner has urged this court for directing the respondents and each of them to make assessment of the compensation for loss and damage caused to the petitioner-company for severance of its land due to the land acquisition for construction of barbed-wire fencing and also for causing damage to the standing plants on the said land including interest etc., to which the petitioner company is entitled as per law.
(3.) There is no dispute in respect of making the payment relating to the other components as provided under Section-23 of the Land Acquisition Act. Even the compensation money has been paid. It appears that the petitioner had taken to several actions before the Gauhati High Court relating to the assessment of the said compensation and the controversy had been settled finally. In the present writ petition, the grievance is confined to a limited area visa- vis thirdly as provided below Section-23 of the Land Acquisition Act, 1894. The said example illustrates the element of assessing compensation to be awarded for the land, if any, damage is sustained by the person interested at the time of taking possession of the land by reason of severance of the land to serious disadvantage of the land-loser.;


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