DEPUTY CHIEF ENGINEER (CONSTRUCTION), N.F. RAILWAY Vs. SANKAR BISWAS
HIGH COURT TRIPURA
Deputy Chief Engineer (Construction), N.F. Railway
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Sanjay Karol; CJ. -
(1.)Mr. Asutosh De, learned counsel for the appellant states that this appeal is covered with a judgment passed by this Court in L.A. No.09 of 2017 and other connected matters dated 27-08-2018 titled as The Deputy Chief Engineer (Construction), N.F. Railway v. Abdul Mazid and others. Such statement is accepted and taken on record.
Appellant laid challenge to the judgment dated 31.08.2018 passed by the learned Land Acquisition Judge-2, Gomati Judicial District, Udaipur in Case No. Misc. (L.A.) 45 of 2016, titled as Sri Sankar Biswas v. The Dy. Chief Engineer (Construction), N.F. Railway and another.
(2.)The operative portion of the judgment reads as under:-
"In the result, claimant-petitioner is allowed compensation for the acquired land @ Rs.7,87,500/- (Seven Lakhs Eighty Seven Thousand and Five Hundred) per kani for 0.38 acres of land in plot no.1830/1834/1856/p, Khatiyan No.2091.
The enhanced 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 circumstance, there is no order as to cost."
(3.)It is seen that in the instant case, the Collector, Land Acquisition had determined the market value of the land ranging from Rs.2,00,000/- to Rs.6,00,000/- per kani depending upon the classification of the land. The reference court re-determined the same at Rs.7,87,500/- per kani.
Mr. Asutosh De, learned counsel for the appellant submits that with respect to the very same acquisition proceedings, this Court has already adjudicated the issue interfering and reducing the amount of compensation. In fact, this was so done in the bunch of the appeals decided by this Court in L.A. App. No.09/2017, titled as The Deputy Chief Engineer (Construction), N.F. Railway v. Abdul Mazid and others, and other connected matters decided on 27.08.2018. In terms of the said award, the compensation stands re-determined @ Rs.6,00,000/- per kani. No other point is urged by learned counsel for the appellant.
Statement made by Mr. Asutosh De, learned counsel is accepted and not disputed by anyone of the learned counsel appearing for the respondents/private parties.
As such, as mutually prayed for, the present appeal is disposed of making the directions contained therein applicable mutatis mutandis, insofar as applicable also to the instant case and the claimant-respondent(s) is entitled to compensation at such rates and on such terms as stands determined by this Court in the said decision.
Impugned award dated 31-08-2018 passed by the learned Land Acquisition Judge-2, Gomati Judicial District, Udaipur in Case No. Misc (L.A) 45 of 2016 titled as Shri Sankar Biswas v. The Dy. Chief Engineer (Construction), N.F. Railway and another stands modified accordingly.
Needless to add, the amount of compensation if not already released be positively released in favour of the claimant-respondent(s) within a period of three months from today.
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