PHANI BHUSAN SAHA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) BY means of this appeal the petitioner -appellants (the land owners) have challenged the award, dated 12th September, 2006, passed by the learned Land Acquisition Judge, Khowai, West Tripura in Misc. (LA) 25 of 2004 whereby the value of the lands of the petitioner -appellants has been assessed at Rs. 12,000/ - per kani and they have been held entitled to interest only @ 6% per annum and solatium @ 15% per annum. Vide notification dated 24.7.1967, published in the Tripura Gazette on 05.8.1967, the Government of Tripura acquired land measuring 2.162 acres in Mouja Khowai town under Khowai Sub -Division for the purpose of construction of office of the Sub -Divisional Officer and staff quarters of the officials.

(2.) UNFORTUNATELY , the land belonging to the petitioners was not assessed to any compensation because the said land was at the relevant time depicted in the revenue record as 'Khas land' (Govt. owned land). Thereafter the petitioners filed litigation claiming that they were the owners of the land and compensation be paid to them. The petitioners filed a writ petition being Civil Rule No. 32 of 1991 before the Gauhati High Court which then exercised jurisdiction over the State of Tripura. This petition was withdrawn and thereafter Civil Rule No. 99 of 1992 was filed. Vide order dated 19.11.1992 the High Court directed that compensation in accordance with law be paid to the petitioners. Again on 08.12.1993 the Court directed the authorities concerned, to proceed with the matter and comply with the earlier orders of the Court. Finally the writ petition was disposed of on 21.9.1994 with a direction to the authorities to expedite the matter with regard to the payment of compensation with interest as permissible under law within a period of one month.

(3.) THE learned Land Acquisition Judge has assessed the value of the land at Rs. 12,000/ - per kani. The petitioners have placed reliance on two earlier awards in regard to the very same notification wherein lands were acquired for the very said purpose i.e. construction of office and staff quarters of the SDO. In one case the value of the land which was 'Viti land' (homestead land) was assessed at Rs. 22,000/ - per Kani. In the other case where the land was 'Nal ' and 'Lunga' the assessment was made at Rs. 14,000/ - per kani. The leaned L.A. Judge held that since in the present case the land is 'balurchar' (sandy land near a river bed) and 'layek patit' (abandoned land which is otherwise fit for cultivation) and since this class of land is of lower value he awarded Rs. 12,000/ - per Kani.