Decided on January 08,2021

Deputy Chief Engineer (Construction) Appellant
Monoranjan Sutradhar Respondents


Arindam Lodh,J. - (1.) Heard Mr. A. De, learned counsel appearing for the appellant and Mr. S. Lodh, learned counsel appearing for the respondents. It is submitted by the learned counsel for the parties that the present appeal is covered by a judgment passed by another Coordinate Bench of this Court in L.A. App. No.84 of 2017 dated 09.12.2019. The aforementioned judgment reads as under: 'Heard Mr. A. De, learned counsel appearing for the appellant, the Deputy Chief Engineer (Construction), N.F. Railway as well as Mr. R. R. Datta, learned counsel appearing for the referring claimant-respondents.
(2.) This appeal by the appellant arises from the judgment and award dated 17.08.2016 delivered in Misc.(LA) No.73 of 2013 by the Land Acquisition Judge (Court No.2), Gomati Judicial District, Udaipur.
(3.) The objection as raised is based on determination of the market value of the acquired land by the Land Acquisition Judge, hereinafter referred to as the L. A. Judge. The basic facts are not in dispute that by the notification dated 16.12.2009 under Section 4 of the Land Acquisition Act, L.A. Act, in short, the referring claimants' land pertaining to Khatian No.147, Plot No.483/P, measuring 0.06 acre of Mouja-Rajdhar Nagar under Udaipur subdivision was acquired for construction of Agartala-Sabroom Railway line by the appropriate Government through the Land Acquisition Collector, Gomati, Udaipur. On due notice and having considered the claim of the referring claimants, the Land Acquisition Collector determined the award on various components. The Land Acquisition Collector determined the value of the land at Rs.8,00,000/- per kani. The land losers were not satisfied with the said rate of the acquired land. On 26.04.2010, they had exercised their option by filing an application under Section 18 of the L.A. Act for determination of the market rate by the L.A. Judge. Accordingly, the reference was made by the appropriate Government to the L.A. Judge, Gomati Judicial District, Udaipur with the relevant record and particularly the assessment sheet.;

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