JAYANTI DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. D. Debnath, learned counsel for the petitioner and Mr. Karnajit De, learned Additional Government Advocate for the respondents- State.

(2.) Proceedings in the reference case being Misc. (L.A.) 335 of 2011 came to be closed by the impugned order dtd. 3/9/2015 which has been impugned in the present revision petition under Article 227 of the Constitution of India. The present revision petition has been filed in the month of September, 2024; almost 9 years after passing of the impugned order. Reference was made under Sec. 18 of the Land Acquisition Act, 1894 in connection with acquisition made for "Construction of By-pass Road from Khayerpur to Amtali" whereby certain land of the petitioner measuring 0.06 acres of Khatian No.1508, Plot No.11853 situated at Mouja-Dukli was acquired vide notification dtd. 16/3/2004 and award to the tune of Rs.25,00,000.00 per acre along with other statutory benefits were also published in favour of the land looser. However, being dissatisfied with the quantum of compensation, the reference case was instituted in the year 2011 on the request of the petitioner.

(3.) From perusal of the records and upon hearing learned counsel for the parties, it is apparent that petitioner had failed to produce any comparable sale deed regarding transfer of land of the vicinity of the acquired land to justify her claim for enhanced compensation though sufficient opportunity was given to her. The learned LA Court also found that the LA Collector had considered the six sale deeds within the vicinity of the acquired land and thereafter assessed the value of the acquired land and awarded compensation in her favour. In absence of any other comparable sale deeds apart from the deeds which were consulted by the LA Collector, the LA court did not find any just and reasonable basis to enhance compensation. That is why the miscellaneous case was closed.