SUBHASH RANJAN ROY Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) Heard Mr D.K. Biswas, learned counsel for the claimant as well as Mr T.D. Majumder, learned counsel for the L.A. Collector.

(2.) Since the two appeals arise out of the same judgment and involve common discussions of facts and question of law, they are disposed of together.

(3.) The land of Shri Subhash Ranjan Roy, claimant measuring 0.231 acres situated in mouza Ishanpur, Sadar Sub Division pertaining to CS plotNos. 391/p, 392/p, 394/p under Khatian No. 515 and 5 8 was acquired by the Government of Tripura vide notification under Section 4 of the Land Acquisition Act (for short, 'the Act') on 28.8.89. Subsequent notification under Section 6 of the Act was made on 29.1.90. The total area of land acquired is about 2100 sq. mtrs. The compensation awarded by the L.A. Collector and the L.A. Judge under 3 heads is as follows:- Particulars Compensation awarded by L.A. Collector Compensation awarded by L.A. Judge. Land Rs.50,000 perkani Rs.55,000 per kani Building Rs.29,988/- Rs.90,000/- Trees & plants Rs.20,473/- Rs.61,419/- Apart from the above compensation, the learned L.A. Judge has awarded an additional amount of 12% per annum on the market value as assessed by the Court with effect from the date of publication of Notification under Section 4 of the Land Acquisition Act till the date of award passed by the Land Acquisition Collector or the date of taking over possession of the acquired land, whichever is earlier. Further, a solatium @ Rs.30% per annum of the market value as determined by the lower Court and 9% interest per annum from the date of taking over possession of the acquired land for one year and thereafter @ Rs.15% per annum on the enhanced amount has been awarded by the learned L.A. Judge. Both the claimants and the L.A. Collector have grievance against the award passed by the learned L.A. Judge.