LAWS(TRIP)-2021-3-46

ABDUL BAREK Vs. DEPUTY CHIEF ENGINEER (CONS.)

Decided On March 23, 2021
ABDUL BAREK Appellant
V/S
Deputy Chief Engineer (Cons.) Respondents

JUDGEMENT

(1.) Heard Mr. D. C. Roy, learned counsel appearing for the appellant. Also heard Mr. A. De, learned counsel appearing for the respondent No.1, The Deputy Chief Engineer (Cons.), Agartala N. F. Railway.

(2.) This appeal has been filed challenging the determination of the compensation made by the learned Land Acquisition Judge, L.A. Judge, for short Sepahijala District, Bishalgarh vide judgment and order dated 17.12.2019 in case No. Misc (L.A) 197 of 2015.

(3.) Briefly stated, the facts are that a land measuring 0.85 acres appertaining to Khatian No. 909, Plot No.4075/P, Sheet No. 5/P of Mouja Bishalgarh owned by the referring claimants was acquired vide notification dated 05.07.2011 by the learned Land Acquisition Collector L.A. Collector, for short for construction of railway line from Agartala to Sabroom, and in this regard the referring-claimant was given an award of Rs.40,44,533/- for the acquired land, but, being aggrieved and dissatisfied with the amount of award, he sought for reference. The referring claimant claimed compensation @ Rs.60,00,000/- per kani. He relied upon 3 three sale deeds i.e. Exbt.-4, Exbt-5 and Exbt-6, which were transacted on 17.01.2009, 18.02.2009 and 25.02.2012. The land was acquired in the year 2011.