DEPUTY CHIEF ENGINEER (CONSTRUCTION) Vs. MD. BHULA MIAH

JUDGEMENT

(1.) Proceedings of acquisition of private land were commenced by the State with the issuance of notification dtd. 6/2/2010 issued under the provisions of Sec. 4 of Land Acquisition Act, 1894 (hereinafter referred to as the Act). The public purpose being construction of new railway line from Agartala to Sabroom. The land is situate in Mouja - Khilpara under Udaipur Sub-division. The Collector, Land Acquisition determined the market value of the land @ Rs.90,000.00 per kani. The extent of the acquired land being 0.40 acre (1618.74 Square meters) and the nature of the land acquired is 'nal'.

(2.) In a land reference petition, under Sec. 18 of the Act, the District Judge re-determined the market value and enhanced it from Rs.90,000.00 to Rs.5,25,000.00 per kani. What weighed with the court below is the evidence, in the shape of exemplar sale deed produced on record by the claimant, as referred to in Para 9 of the award. Considering the size of the exemplar sale land to be small, deduction to the extent of 50% on the said sale deed(Exbt.1 series) stands allowed by the District Judge.

(3.) Before this Court, the beneficiary i.e. the Northeast Frontier Railway assails the award on the ground that the Court below erred in ignoring the survey report (Exbt.A series), proved on record by the Collector and that, in any event, the market value determined is highly disproportionate and exorbitant.