Decided on June 24,2022

Deputy Chief Engineer (Construction) Appellant
Kajali Shil Respondents


INDRAJIT MAHANTY,CJ. - (1.)Heard learned counsel Mr. Asutosh De appearing for the appellant-N.F. Railway and learned counsel Mr. D.K. Daschaudhury appearing for the private respondents.
(2.)The present appeal has been preferred by the North East Frontier Railway (N.F. Railway, for short) seeking to challenge an award dtd. 11/4/2017 passed by the learned Land Acquisition Judge (L.A. Judge, for short), Court No.1, Gomati Judicial District, Udaipur in Case No. Misc.(LA) 02 of 2013 whereby the learned L.A. Judge had been pleased to enhance the compensation payable to the land losers, i.e. the present private respondents from Rs.2,00,000.00 (rupees two lakh) per kani as determined by the Land Acquisition Collector to a sum of Rs.13,44,000.00 (rupees thirteen lakh forty four thousand) per kani.
(3.)Mr. Asutosh De, learned counsel representing the appellant, submits that the land involved in the present case had been classified as 'chara' and 'tilla' category of land and further relies on a judgment rendered by this Court in L.A. Appeal No.26 of 2015 in the case of The State of Tripura and another v. Sri Manas Paul and another wherein land located in Salgarah mouja had been determined by the High Court @ Rs.2.50 lakh per kani. He further brings to the notice of this Court another judgment of this Court in L.A. Appeal No.65 of 2019 in the case of The Deputy Chief Engineer (Construction), N.F. Railway v. Sri Amir Hussain. In this judgment, this Hon'ble Court relied upon the determination made in the case of Manas Paul (supra) referred hereinabove and concluded that the directions passed in Manas Paul (supra) would apply mutatis mutandis to the said case. Accordingly, learned counsel for the appellant submitted that the appeal be allowed and disposed of in terms of the decision rendered in the case of Manas Paul (supra).

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