LAWS(TRIP)-2016-8-34

UNION OF INDIA Vs. ARCHANA PAUL; SUDHANGSHU RANJAN PAUL; KRISHNA PAUL; TANIA PAUL; PAMPA PAUL; LAND ACQUISITION COLLECTOR, DHALAI DISTRICT, AMBASSA, TRIPURA

Decided On August 17, 2016
UNION OF INDIA Appellant
V/S
Archana Paul; Sudhangshu Ranjan Paul; Krishna Paul; Tania Paul; Pampa Paul; Land Acquisition Collector, Dhalai District, Ambassa, Tripura Respondents

JUDGEMENT

(1.) This appeal under Section 54 of Land Acquisition Act, 1894 is directed against Judgment & award dated 23.12.2010 passed by learned LA Judge, North Tripura, Kailashahar in Case No. Misc. (LA) 50 of 2009.

(2.) Heard learned CGC, Mr. Bidyut Majumder for the appellant and learned counsel, Mr. Sekhar Dutta for respondent Nos.1, 2 & 3(a) to 3(c) and learned counsel, Mr. S. Dutta for respondent No.4.

(3.) O.50 acres of 'bastu', 'Layekpatit' & 'nal' class of land belonged to Subodh Chandra Paul the predecessor of respondent Nos.1,2 & 3(a) to 3(c) located at Mouja Manu was acquired along with other lands of other land holders by notification dated 26.12.2003 made under Section 4 read with Section 17 of LA Act for construction of NH-44/A from Manu to Simlowng at Mouja Manu under Manu Teheshil Kachari of Longtharai Valley Sub-division in Dhalai District. The declaration was made on 27.04.2004. In due course LA Collector fixed compensation @ Rs.30,000/- for 'layekpatit' class of land, Rs.50,000/- for ' nal' class of land, Rs.60,000/- for 'bastu' class of land. The land holders received compensation under protest with a request to make a reference for proper determination of the compensation as per Section 18 of the LA Act and, accordingly, a reference was made and it was registered as Case No. Misc. (LA) 50 of 2009.