STATE OF TRIPURA Vs. PIJUSH KANTI BISWAS

JUDGEMENT

(1.) THIS appeal is directed against the award of the Land Acquisition Judge dated 28.07.2007 in Misc. L.A. (Reference) 13 of 2007 whereby he enhanced the compensation of the land from Rs. 53,420/ - to Rs. 84,000/ - and awarded interest and also damages of Rs. 10,000/ - for the damages caused due to separation of the land.

(2.) THE land acquired is only 14 sataks. The total holding of the land owner was 18 sataks. Once 14 sataks of land is acquired the remaining 4 sataks becomes virtually of no use to the land owner. It is too small a piece of land to be cultivated as an individual field. The Land Acquisition Judge assessed the compensation of the land at Rs. 2,40,000/ - per kani on the basis of a sale deed which took place in the year 1992 in which the land value was Rs. 3,20,000/ - per kani. According to the appellant -State, since the sale deed was of the year 1992 and the acquisition took place in 2005, this sale deed is not relevant for assessing the value of land.

(3.) IN my opinion, the compensation is on the lower side because if inflation in the value of the land had been taken into consideration, the valuation would have been much more than Rs. 2,40,000/ - per kani.