INDRAJIT MAHANTY; CJ. - (1.)Heard learned counsel Mr. Asutosh De appearing for the appellant-Railways and learned counsel Mr. S. Lodh appearing on behalf of private respondent No.1.
(2.)In the present appeal, challenge has been made to an award dtd. 3/6/2016 passed by the learned Land Acquisition Judge-2, Gomati Judicial District, Udaipur in case No. Misc. (L.A.) 70 of 2013.
(3.)Mr. Asutosh De, learned counsel for the appellant-Railways, asserts that the assessment made by the State in the Assessment Note by referring to various sale deeds formed the basis of the award by the Land Acquisition Collector. However, when reference was made to the Land Acquisition Judge in course of the proceedings the claimant in support of their claim for enhancement of the compensation amount proved Exhibit-2 series including a sale deed No.1-577 dtd. 28/3/2009 of "Nal" class of land measuring 02 satak Chara/Nal class of land at Rajdhar Nagar Mouja which was sold @ Rs.16,00,000.00 per kani and another sale deed No.1-578 dtd. 28/3/2009 "Nal" class of land measuring 02 satak under the same Mouja which was also sold @ Rs.16,00,000.00 per kani. Apart from that, the claimant also led evidence to prove the aforesaid documents and led the oral evidence through PW-1 namely Sri Niranjan Sutradhar. In the proceedings before the learned L.A. Judge, the learned counsel for the L.A. Collector and the Northern Frontier Railway argued that the assessment made by the L.A. Collector was based upon reasoned sale deeds collected by the Revenue Officer concerned and consequently, the determination made by the L.A. Collector ought not to be enhanced. The arguments advanced by the State and the N.F. Railway were considered and the learned L.A. Judge determined the valuation of the acquired land @ Rs.7,20,000.00 per kani. It is contended by Mr. Asutosh De, learned counsel for the appellant-Railways that the learned L.A. Judge arrived at the rate as determined by him by giving a discount of 55% of the exemplar sale deeds provided by the claimant, i.e. reduced from Rs.16,00,000.00 per kani to Rs.7,20,000.00 per kani taking into consideration the distance of the land and the size of the land in question. He effectively submits that the land involved in the present case is a very small tract of land and is located at a large distance away from the land for which the sale deeds were produced by the claimant to try and justify their enhancement claim.
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