DY. CHIEF ENGINEER Vs. RATNESWAR DAS

JUDGEMENT

(1.) Heard Ms. A. Banik, learned counsel appearing for the appellant as well as Mr. S. Bhattacharjee, learned counsel appearing for the referring claimant-respondents No.1 & 2 and Mr. D. Bhattacharjee, learned GA appearing for the L.A. Collector.

(2.) This is an appeal under Section 54 of the Land Acquisition Act, 1894 from the judgment and award dated 24.05.2018 delivered in L.A (Ref) No.03 of 2016 by the Land Acquisition Judge, South Tripura, Belonia. There is no dispute that by dint of the notification dated 04.06.2011, followed by a declaration dated 06.07.2011, a piece of land pertaining to CS Plot No.6025/6430/p, Khatian No.2020 chankhala, tilla class of land measuring 1.15 acres has been acquired for purpose of construction of Agartala-Sabroom new railway line at Mouja- Sarashima under Belonia Sub-Division.

(3.) The referring claimants were dissatisfied with the land value as decided by the Land Acquisition Collector at Rs.5,00,000/- per kani and they had therefore, asked for reference under Section 18 of the L.A. Act, 1894 for redetermination of the land value by the Land Acquisition Judge. The reference was made being L.A. (Ref) No.03 of 2016 has been answered by the L.A Judge, South Tripura, Belonia by the impugned judgment and award dated 24.05.2018. The L.A Judge has enhanced the rate from Rs.5,00,000/- to Rs.10,00,000/- per kani considering the location of the land being proximate to the growing urban habitat, which is the district headquarters of the South Tripura District. The L.A. Judge has also determined the value of the rubber trees at Rs.4500/- which were older than 10 years and Rs.500/- for the rubber trees which were less than 10 years of age and directed the L.A Collector to make payment with interest in terms of Sections 34 of the L.A. Act.