STATE OF TRIPURA Vs. PARITOSH DAS

JUDGEMENT

(1.) On the prayer of learned counsel of the parties, all the L.A. appeals mentioned above are taken up together for hearing and disposal since acquisition of land involved in these appeals were made under the same notification, same mouja and same purpose.

(2.) I have heard learned counsel, Mr. N. Majumder for the appellants and learned counsel, Mr. S. Lodh for the respondents.

(3.) By notification No.F.9(4)-REV/ACQ/VII/2000, dated 23.03.2000 issued under Section 4 of the L.A. Act followed by declaration of even number dated 23.03.2000 jote land measuring 0.214 acres at Mouja Khowai Town was acquired for the purpose of construction of "Approach road from Khowai Degree college to D.K.Road" and in the process land belonging to the respondents (hereinafter mentioned as referring claimants) in small quantity was acquired. L.A. Collector, in the process fixed compensation @ Rs.3,00,000/- per kani. The referring claimants i.e. the respondents herein received the compensation under protest and consequently reference under Section 18 was made by the L.A. Collector to the court of learned L.A. Judge, Khowai for determination of actual market price at the date of acquisition. It is an admitted position that Case No. Misc. (LA) 26/2004 was referred by the L.A. Collector to the court of learned L.A. Judge and in that case compensation @ Rs.12,00,000/- per kani towards the price of land was allowed by the learned L.A. Judge by judgment dated 24.04.2006. That award made by the learned L.A. Judge, Khowai was satisfied. Subsequent thereto the present references were made by the L.A. Collector to the Court of learned L.A. Judge and the learned L.A. Judge enhanced the compensation to the tune of Rs.12,00,000/- per kani.