LAWS(TRIP)-2014-3-14

DY. CHIEF ENGINEER (CONSTRUCTION), N.F. RAILWAY Vs. SHRI UTTAM KR. DEB AND LAND ACQUISITION COLLECTOR, WEST TRIPURA

Decided On March 13, 2014
Dy. Chief Engineer (Construction), N.F. Railway Appellant
V/S
Shri Uttam Kr. Deb And Land Acquisition Collector, West Tripura Respondents

JUDGEMENT

(1.) ALL these appeals are being disposed of by a common judgment since identical questions of law are involved in these cases.

(2.) ALL the appeals arise out of acquisition proceedings. Notification dated 19 -11 -1997 under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the L.A. Act) was issued by the State of Tripura for construction of railway line from Kumarghat to Agartala. The present cases all relate to mouja -Badharghat. The L.A. Collector awarded compensation for Bastu, Viti and Chara land @ Rs. 1,06,000/ - per kani, i.e. Rs. 2,65,000/ - per acre. In respect of Tilla land, he awarded Rs. 80,000/ - per kani or Rs. 2,00,000/ - per acre. All other classifications of land were valued @ Rs. 70,000/ - per kani or Rs. 1,75,000/ - per acre. The claimants filed petitions under section 18 of the L.A. Act and the L.A. Judge granted Rs. 2,55,000/ - per kani, i.e. Rs. 6,37,500/ - per acre irrespective of the classification of the land. This award of the L.A. Judge is under challenge in these appeals.

(3.) APPLYING the same principles and in view of the fact that appeals against identical awards have been dismissed by the learned Single Judge, these appeals are also dismissed in terms of the judgment delivered in L.A. Appeal No. 14 of 2003 and other connected matters.