SANTANU KUMAR JAMATIA Vs. LAND ACQUISITION CONTROLLER AGARTALA

JUDGEMENT

(1.) THIS appeal filed under Section 54 of the Land Acquisition Act, 1894 is directed against the judgment dated 12.12.2000 passed in Case No. Misc. (LA)11/1990 by the learned Court of Land Acquistion Judge, West Tripura, Agartala determining the market value of the acquired land at Rs. 1,58,000/- per kani with all statutory consequential benefits.

(2.) THE facts of the case are that for the purpose of construction of a pump house and quarter for deep tube well scheme, a plot of land measuring 0.108 acre belonging to appellant Shri Santanu Kumar Jamatia was acquired by the State Government after issuing necessary notification and declaration. THE Land Acquisition Collector, West Tripura district, Agartala, assessed the value of the land at Rs. 1 lac per kani but the appeIlant, as owner of the land, being dissatisfied and aggrieved, prayed for reference and accordingly reference was made under Section 18 of the Land Acquisition Act, 1894 ('LA Act' in short) to the Land Acquisition Judge concerned.

(3.) ON consideration of documents/materials placed and evidence on record, the learned LA Judge determined the market value of the land at the rate of Rs. 4 lacs per kani with all statutory consequential benefits vide judgment dated 30.6.1992 passed in Misc.(LA) No. 11 of 1990. ON appeal preferred by the L.A. Collector, this Court by a judgment passed on 5.1.1999, relying upon the State of U.P., & Anr. Vs. Rajendra Singh, AIR 1996 SC 1564, set aside the said award and the matter to the learned L.A. Judge with liberty to both the parties to adduce further evidence. In compliance to the said order, the matter was taken up by the learned L.A. Judge. ON behalf of the claimant-appellant, apart from the earlier evidence of Shri Bijoy Kumar Jamatia, PW 1(son of the claimant), one Shri Nepal Chandra Das, the Vendee of the land contiguous to the acquired land was examined as PW 2 who proved the certified copy of his deed of purchase of land measuring 0.0085 acres which he purchased from one Amulya Charan Debnath at Rs. 40,000/-. ON behalf of the LA Collector no further witness was examined.