DEPUTY CHIEF ENGINEER, N F RAILWAY, GURKHABASTI Vs. RANJIT SUTRADHAR, S/O NIKUNJA SUTRADHAR; LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) All these appeals are being disposed of by a common judgment since they arise out of one notification issued for acquisition of land and the award passed by the Land Acquisition Judge are identical.

(2.) Briefly stated, the facts relevant for decision of these cases are that the State of Tripura issued a notification under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the L.A. Act) for acquisition of lands for the construction of railway line between Agartala and Kumarghat in mouja-Dukli. The provisions of section 17 of the L.A. Act were invoked and declaration under section 6 of the Act was issued on 11-04-1998. The Land Acquisition Collector (hereinafter referred to as L.A. Collector) thereafter issued notice to the landowners inviting them to lead evidence with regard to the value of land. The parties led evidence and placed reliance on a large number of sale deeds. The L.A. Collector divided the lands into two belts. He assessed the compensation at Rs.34,000/- per kani for lands falling in the first belt and made a deduction of 25% for the lands falling in the second belt and assessed the compensation at Rs.25,000/- per kani.

(3.) The land owners, being aggrieved by the award of the L.A. Collector, filed reference petition under section 18 of the L.A. Act and claimed enhanced compensation. The Land Acquisition Judge (hereinafter referred to as L.A. Judge) enhanced the compensation to Rs.2,00,000/- per kani in respect of all classes of land. These awards of the L.A. Judge are under challenge in these appeals.