STATE OF TRIPURA Vs. SUBHRAJIT DAS CHOUDURY

JUDGEMENT

(1.) BOTH the appeal and the cross objection are being disposed of by one judgment since they arise out of the same award, dated 10.11.2006, passed by the learned Land Acquisition Judge, West Tripura, Agartala.

(2.) BRIEFLY stated the facts of the case are that vide notification dated 18.06.2002 the Government of Tripura acquired 0.031 acres of land belonged to the respondent -cross objectors for the purpose of construction of a bridge at Lalcherra on Khowai -Teliamura road. After completing necessary formalities the Land Acquisition Collector assessed the compensation at Rs. 8,00,000/ - per kani. The land owners being dissatisfied with the compensation awarded filed a petition under Section 18 of the Land Acquisition Act, 1894 claiming for enhancement of compensation. The Land Acquisition Judge has assessed the compensation at Rs. 15,00,000/ - per kani and this award is under challenge in these proceedings.

(3.) THE law is well settled that normally the claimants must produce sale instances of transactions which have taken place immediately prior to the notification issued under Section 4. It is a notoriously well -known fact that after notification under Section 4 is issued sometimes unscrupulous litigants get sale deeds of very small areas of land registered at high prices. At the same time, in case there is no sale transaction prior to the occurrence then in exceptional circumstances a sale instance which is later than the notification under Section 4 may be looked into.