LAWS(TRIP)-2023-9-20

DEPUTY CHIEF ENGINEER Vs. PUSHPA SARKAR

Decided On September 20, 2023
DEPUTY CHIEF ENGINEER Appellant
V/S
Pushpa Sarkar Respondents

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) This is an appeal under Sec. 74 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 against the judgment and award dtd. 14/7/2022 passed in LA.Case No.33 of 2017 by the Land Acquisition, Rehabilitation and Resettlement Authority, Tripura. The relief sought by the appellant are as follows:

(3.) It is the case of the appellant that the Government acquired the land of the claimant measuring 0.020 acre Classified as "Bastu(Tilla) appertaining to plot No.5515/p, khatian No.4208 situated at Charipara Mauza, Sheet No.1 and 2/P along with some others land for the purpose of construction of Agartala -Akhowrah new Rail Line Project (Indian Project) under Sadar Sub-Division of West Tripura vide Notification no.9(5)/REV/ACQ/VI/16 dtd. 28/1/2017 published in Dainik Sambar on 7/2/2017 and in Daily Desher Katha on 8/2/2017 under Sec. 11 of the RFCTLARR Act, 2013. The Land Acquisition Collector, West Tripura after hearing the parties determined the value of the acquired land @ Rs.4,50,000.00 per kani (0.04 acre) ad applied the multiplying factor 1.5 to determine the value of the acquired land as provided in Sec. 26 RFCTARR Act, 2013 and awarded total compensation to the claimant Rs.69,985.00 including the benefits under the RFCTLARR Act, 2013.