- (1.) All these appeals are being disposed of by a common judgment since they arise out of same award passed by the learned Land Acquisition Judge. One appeal being L.A. Appl No. 31 of 2007 has been filed by the Agartala Municipal Council praying that the amount awarded as compensation is extremely high and the same may be reduced. On the other hand, land owners have filed three appeals being L.A. Appl. Nos.32, 33 and 43 of 2007 claiming enhancement in the rate of compensation.
(2.) Briefly stated, the facts of the case are that by notification dated 11.06.1998 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act ), the land of the land owners was sought to be acquired. These lands comprise of 0.330 acres (0.162 acres + 0.168 acres) of Bastu land and 0.246 acres (0.002 acres + 0.244 acres) of pukur land in Mouza-Pratapgarh for the purpose of construction of an approach road from Agartala Bishalgarh road to Nagarjala. It is not disputed that the land is virtually within the heart of Agartala town. It is at a distance of only about 200 yards from the main Agartala Bishalgarh road. It is not disputed that there are a large number of commercial establishments near the acquired land which were set up even before the acquisition of the land. Therefore, the land is treated to be urban land for all intents & purposes.
(3.) The Land Acquisition Collector awarded compensation and assessed the value of the Bastu class of land at Rs.9,40,900/- per kani and Rs.3,34,650/- for pukur class of land. The Land Acquisition Judge increased the compensation for pukur land to Rs. 6,00,000/- per kani and for Bastu class of land to Rs.11,00,000/- per kani. The reasoning given by the Land Acquisition Judge is as follows: On the other hand on perusal of the documents of the opposite-parties I am of the opinion that they have not committed any serious error at the time of awarding the payment of compensation. They awarded Rs.3,34,650/- per kani for pukur class of land and they also awarded Rs.9,40,940/- per kani for Bastu Class of land. The petitioners failed to produce any concrete proof that the prevailing market value of the acquired land on the relevant date and time was more-than that of awarded amount of compensation. However, considering all aspects I am o f the view that the claim of the petitioners will be justified if the rate of compensation for the acquired land is enhanced from Rs.3,34,650 to Rs.6,00,000/- per kani for pukur class of land and from Rs.9,40,900/-to Rs.11,00,000/- per kani for Bastu class of land. I also do not like to interfere with the other amounts which were awarded by the L.A. Collector as consequential relief as I was/is of the view that there was/is no need to interfere with the same. ;