THE EXECUTIVE OFFICER Vs. RAKHAL CHANDRA KARMAKAR

JUDGEMENT

(1.) BY means of this judgment, four appeals being L.A. Appeal 23 of 2008, L.A. Appeal 24 of 2008, L.A. Appeal 86 of 2008 and L.A. Appeal 87 of 2008 are being disposed of since they arise out of one award dated 30 -05 -2008 passed by the learned Land Acquisition Judge (L.A. Judge), West Tripura, Khowai in case No. Misc.(L.A.) 01 of 2008 and Misc.(L.A.) 02 of 2008 whereby he assessed the value of the land of the petitioners at Rs. 2,00,50,000/ - per kani.

(2.) BRIEFLY stated, the facts of the case are that vide notification published on 07 -07 -2006, 0.014 acres of land in Khowai town was acquired for purposes of construction of shopping complex at Subhas Park. It is not disputed that out of this 0.014 acres, .008 acres was owned by Smti. Mina Chakraborty and 0.006 acres by Rakhal Chandra Karmakar. Declaration under section 6 of the Land Acquisition Act, 1894 (L.A. Act) was issued on 11 -08 -2006 and the learned Land Acquisition Collector (L.A. Collector) assessed the compensation at Rs. 30,00,000/ - per kani.

(3.) WITH regard to the appeals filed by the Khowai Nagar Panchayat, Sri Sankar Lodh, learned counsel for the claimant -respondents, has raised a preliminary objection that the appeals are not maintainable since no leave of the Court has been sought to file an appeal. In this behalf, Sri Lodh has relied upon the judgment of the Apex Court in U.P. Awas Evam Vikas Parishad v. Gyan Devi and another, ( : AIR 1995 SC 724) in which the Apex Court held that when land is acquired for local authority or Company, the said local authority or Company has certain rights to appear before the Land Acquisition Collector and adduce evidence for determination of compensation. The conclusions of the Apex Court are contained in para -25 which reads as follows: -