THE STATE OF TRIPURA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF TRIPURA, PUBLIC WORKS DEPARTMENT (ROADS & BUILDINGS), CAPITAL COMPLEX, AGARTALA P.O. KUNJABAN, DISTRICT WEST TRIPURA Vs. SRI ASIS KUMAR MODAK

JUDGEMENT

(1.) Both the appeal and cross objection since directed against the same judgment and award dated 28.05.2013 passed by learned L.A. Judge, Court No.4, Agartala, West Tripura in Case No. Misc.(LA) 150 of 2010, those were heard together and this common judgment is passed in respect of both the cases.

(2.) Heard learned senior counsel, Mr. K.N. Bhattacharjee, assisted by learned counsel, Mr. D.C.Nath for the appellants and learned counsel, Mr. P. Chakraborty for the respondents in the appeal and vice versa in the cross objection.

(3.) Land measuring 0.1150 acres of Mouja-Agartala, Sheet No.8(3)/p was acquired for the purpose of easy movement of traffic located at Colonel Chowmuhani, Agartala city. The respondents of the appeal, who are the cross objectors, were the owners of the land with their house thereon. The L.A. Collector in due process vide his assessment order dated 27.01.2010 determined compensation @ Rs.1,00,00,000.00 per kani (local measurement). The claimants received compensation under protest and hence, L.A. Collector made the reference under Sec. 18 of the L.A. Act before the learned L.A. Judge, Agartala, West Tripura and accordingly, Case No. Misc.(LA) 150 of 2010 was registered in the Court of learned L.A. Judge, Court No.4, Agartala, West Tripura and the referring claimants, i.e., respondents of the present appeal, who are the cross objectors (hereinafter mentioned as 'referring claimants'), submitted their claim statement as well as the appellants herein, who are the respondents in the cross objection(hereinafter mentioned as 'respondent-appellants'), also submitted their written objection against the claim of the referring claimants.