AIRPORT AUTHORITY OF INDIA Vs. SATYAGOPAL ROY

JUDGEMENT

(1.) This appeal under S. 9(c) of the Air Craft Act, is directed against the award dtd. 15-11-1995 made by the Sole Arbitrator, Sri R.B. Sinha.

(2.) The facts of the case in brief are that the respondents 1 to 10 had their land and houses situated adjacent to the Agartala Airport. There were standing trees on the said land and as the trees endangered the safety of the Aircraft and passenger, as provided under the said Aircraft Act, the District Magistrate and Collector, West Tripura was authorised by the competent authority vide order dtd. 22-10-1990 to cut the tall trees and other obstruction within the radius of the run way. Thereafter, the District Magistrate issued necessary direction to the 22 families and thereafter 16 families cut and removed the trees and they were paid necessary compensation. The remaining six families covering the Respondents 1 to 10 did not cut their trees whereupon notices were issued to them on 10-9-1990, 15-10-1990 and 17-11-1990. The respondents also filed their objection. Thereafter, another notice dated 11-2-1991 was issued and ultimately on 14-2-1991 trees were cut with the help of necessary labourers by the SDO, Sadar, West Tripura. The respondents, thereafter prayed for compensation as provided, but as no compensation was paid to them, they approached this Court in Civ. Rule 199 of 1991 and as per the direction of this Court, the Central Govt. appointed Sri R.B. Sinha, a retired District Judge, as arbitrator vide order dtd.29-1-1993. The learned Arbitrator received the claims from both sides, recorded the evidence of witnesses and thereafter made the award on 15-11-1995. The Airport Authority of India, feeling aggrieved has filed the present appeal.

(3.) We have heard Mr. A. Chakraborty, learned senior Counsel for the appellant-Airport Authority of India and Mr. A.K. Bhowmik, learned senior counsel for the respondents 1 to 10 and Sri U.B. Saha, learned Govt. Advocate for the respondents 11 to 13.