UNION OF INDIA Vs. FULMATI CHAKMA W/O ATIDHAN CHAKMA; LAND ACQUISITION COLLECTOR, DHALAI, TRIPURA, AMBASSA

JUDGEMENT

(1.) This appeal under Section 54 of the Land Acquisition Act, 1894 is directed against judgment and order dated 17.03.2012 passed by learned LA Judge, North Tripura, Kailashahar in Case No. Misc.(LA) 41 of 2009.

(2.) Heard learned CGC, Mr. B. Majumder for the appellant and learned counsel, Mr. S.S. Debnath who has appeared on behalf of learned counsel, Mr. D.K Biswas and Mr. G.K. Nama for the respondent No.1. No representation on behalf of respondent No.2.

(3.) For construction of NH 44/A from Manu to Simlowng at Mouja Manu under Manu Tehashil Kachari of Longtharai Valley SubDivision in Dhalai District, land measuring 0.37 acres of 'Viti' & 'Bastu' classes belonged to respondent No.1, Fulmati Chakma along with other land was acquired by notification dated 26.12.2003 issued under Section 4 read with Section 17 of Land Acquisition Act followed by declaration made under Section 6 dated 27.04.2004 and in due process compensation was determined by the LA Collector, for 'viti' class of land @ Rs.64,000/- per kani and for 'bastu' class of land @ Rs.60,000/- per kani and it was paid with solatium and interest, etc., and the referring-claimant i.e. the respondent No.1 received the compensation under protest with a prayer to make reference to the LA Judge for determination of actual market price of the acquired land under Section 18 of the LA Act. The LA Collector accordingly made the reference and it was registered as Case No. Misc.(LA) 41 of 2009.