BIDHU BHUSAN DEB Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Claimant-appellants' filed a petition under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), which stands dismissed vide award dated 15th May, 2014 passed by Ld. Land Acquisition Judge(Court No.2), West Tripura, Agartala in Case No.Misc.(L.A.)74/2005 titled as Sri Bidhu Bhusan Deb and Ors. Vs. The Land Acquisition Collector and Anr.

(2.) Certain undisputed facts emerging from the record being that petitioners' land admeasuring 0.09 acre stands acquired by the State for the public purpose namely, construction of a bypass road from Khayerpur to Amtali land. The survey for the said road was carried out sometime in November, 2003 whereafter notification under Section 4 of the Act was issued on 29th January, 2004. With the completion of formalities, the Collector, Land Acquisition, acquired the land vide award notified on 11th February, 2005 so issued under Section 11 of the Act. The possession of the land was taken over on 30th July, 2005 and the road stands constructed. The Collector, Land Acquisition determined the market value of the acquired land @ Rs.8,75,000/- per acre. Aggrieved thereof, the petitioners filed claim petition under Section 18 of the Act which stands dismissed.

(3.) It is also not in dispute that in support of his claim, claimant Sri Bidhu Bhusan Deb examined himself as PW.1 as also placed on record two exemplar sale deeds; Exbt.A, sale deed No.1-11414, dated 27th December, 2003, admeasuring 1(one) kara i.e. 216 Sq.Ft. of land which was sold for a sum of Rs.25,000/- with another exemplar sale deed Exbt.B, No.1-11415 dated 27th December, 2003 whereby land admeasuring 2 gandas & 3 karas i.e. 2376 Sq.Ft.(total) of land was sold for a sum of Rs.1,50,000/-.