LAWS(TRIP)-2019-3-52

STATE OF TRIPURA Vs. DINESH JAMATIA

Decided On March 27, 2019
STATE OF TRIPURA Appellant
V/S
Dinesh Jamatia Respondents

JUDGEMENT

(1.) Having heard Mr. Dipankar Sarma, learned Additional Government Advocate appearing for the appellants, this Court finds the award dtd. 16/11/2016 passed by the Land Acquisition Judge, West Tripura, Agartala in case No. Misc. (L.A.) 08 of 2011, titled as Sri Dinesh Jamatia v. The Director of Health Services and another to be absolutely unreasonable.

(2.) One notices that the Court below has dedicated three paragraphs, i.e. para-8, 10 and 11 in dealing with the sale deeds referred to and relied upon by the State/Collector but there is no discussion whatsoever as to on what basis the market value of the acquired land stood determined @ Rs.40,00,000.00 (rupees forty lakhs). There is a reference to one sale deed dtd. 18/12/2007 relied upon by the claimant. It is marked as Exhibit-1. But then there is no discussion as to how the said sale deed is relevant and reflective of the true market value of the acquired land.

(3.) It is a settled principle of law that in a reference petition filed under Sec. 18 of the Land Acquisition Act, the onus for determination of the true and correct market value of the acquired land, higher than that what stands awarded by the Collector, is upon the claimant side only and not the other way around, certainly not on the Government side. In fact, in para-11, the learned Land Acquisition Judge tries to draw out how the distinction even qua this sale deed (Exhibit-1). The reasoning adopted is thus mutually destructive and self-explanatory.