STATE OF TRIPURA; LAND ACQUISITION COLLECTOR Vs. RAKHAL CHANDRA DEBNATH; BAKUL BHOWMIK; NIRENDRA KUMAR SINGHA; SWADESH RANJAN DEB

JUDGEMENT

(1.) All these appeals are being disposed of by a common judgment since they arise out of the same award passed by the learned Land Acquisition Judge, West Tripura, Khowai and identical questions of fact and law are involved.

(2.) The facts of the case, in brief, are that a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was issued by the Government of Tripura on 21.05.2002. By means of this notification, the Government sought to acquire the small portions of the land belonging to the respondent-claimant-owners for the purpose of construction of road from Khowai to Champahour via Jambura. Thereafter, declaration under Section 6 of the Act was issued. The Land Acquisition Collector issued notices under Section 9 of the Act and thereafter assessed the compensation at the rate of Rs.65,000/- per kani for Nal and Dokan class of land, Rs.60,000/- per kani for Bastu like Chara/Bagan-Karan/Path etc. class of land and Rs.40,000/- per kani for Pukur and Doba class of land.

(3.) The respondent-claimant-land owners filed petition under Section 18 of the Act claiming higher compensation. According to them, their lands were situated within the developed area of Khowai town Nagar Panchayat area. It was alleged that schools, banks, offices, Courts were close to the acquired lands. It was alleged that the market value of the land was rupees twenty to twenty five lacs per kani and hence they prayed that the compensation be granted at the aforesaid rate.