MONO MOHAN DEBNATH Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) Heard Mr. Alik Das, learned counsel for the appellant. Also heard Mr. DC Saha, learned counsel appearing for the respondent-LA Collector.

(2.) This appeal is directed against the judgment and award dated 25.01.2019 passed by the learned LA Judge, North Tripura, Dharmanagar in case No. Civil Misc (LA) 07 of 2014. By means of filing this appeal, the appellant, who has lost his land, has claimed for enhancing the rate of compensation as assessed by the learned LA Judge.

(3.) The facts in brief, are that, by issuing notification dated 07.09.2011 and declaration dated 17.10.2011, the land in question, was acquired for construction of approach road to proposed bridge over river Juri on Tilthai- Anandabazaar road. After acquisition, the LA Collector has assessed the market price of the acquired land. Being aggrieved, the appellant has sought for reference. The learned LA Judge issued notice to the reference asking the LA Collector, the requiring department and the land owner to file claim statement and counter statement. After exchange of pleadings, evidences were recorded. The appellant had filed examination-in-chief under Order XVIII Rule 4 of the CPC. The LA Collector and the requiring department also filed their respective examination-in-chief. Having heard the learned counsel and on consideration of the submission advanced by the learned counsel appearing for the parties, the learned LA Judge came to the following findings: