FORTUNA AGRO PLANTATION LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS review petition raises some important questions of law, namely, whether the market value of a land, which is acquisitioned under the Land Acquisition Act, 1894, shall include, within the meaning of Section 23(1) thereof, the market value of the trees and crops standing thereon and if so, with reference to what date, the market value shall be determined and, further, whether the market value of the trees and crops, if any, shall be determined separately from, and independent of, the land, which is acquisitioned? Yet another important question, raised in this review petition, is: when a 'person interested', as defined by Section 3(b) of the Land Acquisition Act, 1894, is aggrieved by an award on the ground that while granting compensation, various statutory components for determination of compensation have not been taken into account by the District Collector, whether he can seek a 'reference' to be made within the meaning of Section 18 of the Land Acquisition Act, 1894?

(2.) THIS review petition, it may be noted, seeks review of the judgment and order, dated 05.08.2009, passed in Writ Appeal No.31/2009, whereby the appeal has been dismissed affirming and upholding the judgment and order, dated 16.05.2008, passed in WP(C) No.315/2007, which was filed by the present review petitioner, namely, Fortuna Agro Plantations Ltd, a company registered under the Companies Act, 1956, with its registered office at Kailashahar, North Tripura.

(3.) ON 23.12.2005, the Land Acquisition Collector made an award for an amount of Rs.54,53,401 as follows and the said amount was received, under protest, by the review-petitioner on 8.6.2006: