STATE OF TRIPURA Vs. DULAL CHANDRA SHARMA

JUDGEMENT

(1.) Heard Mr. D.C. Roy, learned counsel appearing for the appellant-L.A. Collector as well as Mr. Kohinoor N. Bhattacharjee, learned Counsel appearing for the respondents.

(2.) The facts of the case, in short, are that, the land of the respondents was acquired under Notification No. F.9(2)REV/ACQ/VIII/2009 dated 09.07.2009 by the Government of Tripura on the requisition of Executive Engineer, DWS Division, Bishalghar. The land of the respondents was measured about 0.11 acres. The L.A. Collector after verification and inquiry heard the respondents, whose predecessor was the original claimant. After hearing the parties, L.A. Collector had assessed the market price of the acquired land @ Rs.2,00,000/- per kani and further held that the claimant-respondents were entitled to get other statutory benefits provided under the L.A. Act, 1894. The claimant-respondents claimed that the market price of the acquired land to the tune of Rs.2,00,00,000/- per kani. The predecessor of the respondents had sought reference under Section 18 of the L.A. Act. The claim statements were submitted by the respondents. The L.A. Collector and the requiring Department also appeared and contested the claim of the respondents. Having appreciated and on evaluation of the evidences let in by the parties, the learned L.A. Judge after comparing two sale transactions, i.e., Exbt-1 and Exbt-2, had assessed the valuation of the land at Rs.1,00,00,000/-per kani along with other statutory benefits including interest under Section 34 of the L.A. Act.

(3.) Being aggrieved of the said determination of compensation for the acquired land, the L.A. Collector had preferred the instant appeal.