Decided on August 20,2019

Deputy Chief Engineer, (Construction) N.F. Railway Appellant
JYOTSNA DAS Respondents


Sanjay Karol,J. - (1.)Appellant laid challenge to the award dated 30.07.2016 passed by the learned Land Acquisition Judge-2 Gomati Judicial District, Udaipur, in case No. Misc (L.A) 137 of 2013, titled as Smti. Jyotsna Das v. The Dy. Chief Engineer (Construction) N. F. Railway & Others.
The operative portion of the award reads as under:

"In the result, claimant is allowed compensation for the acquired land @ Rs. 7,88,000/- (rupees seven lakh eighty-eight thousand) per kani for land measuring 0.12 acre of Nal class under Khatian No. 1889/p, Plot No. 1704/p.

The compensation allowed shall be added with 30% solatium under Section 23(2) of the Act and 12% interest under Section 23(1)(A) of the Act from the date of Notification under Section 4 of the Act till the date of possession or award whichever is earlier.

The interest on the amount of compensation and solatium shall be @9% per annum from the date of possession till one year and @15% per annum from the date of expiry of one year till the date of payment of enhanced amount.

In the circumstances, there is no order as to cost.

Prepare award accordingly.

The case is thus disposed of on contest."

(2.)It is a common case of the parties that with respect to the very same acquisition proceedings (Section 4 and 11 of the provisions of the Land Acquisition Act, 1894), this Court has already adjudicated the issue, interfering with the amount of compensation. In fact, this was so done in the appeal decided by this Court in L.A. App. No. 26 of 2015, titled as The State of Tripura and Others v. Sri Manas Paul and Others and the matter decided on 23.07.2018.
(3.)As such, as mutually prayed for, the present appeal is disposed of making the directions contained therein application mutatis mutandis, to the instant case and the petitioner is entitled to compensation at such rate and on such terms as stands determined by this Court in the said decision.

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