LAWS(TRIP)-2024-9-3

EXECUTIVE ENGINEER Vs. DINESH CHANDRA LASKAR

Decided On September 18, 2024
EXECUTIVE ENGINEER Appellant
V/S
Dinesh Chandra Laskar Respondents

JUDGEMENT

(1.) This appeal under Sec. 54 of L.A. Act is preferred challenging the judgment and award dtd. 29/9/2021 delivered by Learned L.A. Judge, West Tripura, Agartala, Court No.2 in connection with Case No.Misc.(L.A.)108 of 2015.

(2.) Heard Learned counsel, Mr. H. Sarkar present for the appellants and also heard Learned counsel, Mr. Samarjit Bhattacharjee present for the claimant-respondent.

(3.) In course of hearing, Mr. H. Sarkar, Learned counsel appearing for the appellants drawn the attention of this Court that the Learned L.A. Judge at the time of delivery of judgment in the aforesaid case did not consider the sale instances relied upon by the L.A. Collector at the time of determination of compensation and without any basis has awarded the compensation @ Rs.50,00,000.00 per kani which was too high considering the prevailing market price of the locality at the time of acquisition of land. Learned counsel for the appellants further submitted that before the Learned L.A. Judge the respondent-claimant could adduce any strong materials i.e. appropriate exemplar deeds showing higher market price of the adjacent land of the acquired land on that relevant point of time of acquisition for which the judgment delivered by the Learned L.A. Judge cannot be sustained in the eye of law. So, Learned counsel for the appellants urged for interference of this Court and prayed for allowing this appeal by setting aside the judgment and award delivered by the Learned L.A. Judge.