DY CHIEF ENGINEER Vs. UTTAM SUTRADHAR

JUDGEMENT

(1.) All these Land Acquisition Appeals are tied together inasmuch as these cases arose out of the same Notification No.F.9(8)-Rev/Acq/XIV/97.p-1, dated 19.11.1997, as proclaim-ed by the Land Acquisition Collector, for construction of N.F. Railway line from Kumarghat to Agartala and are related to Mouja Badharghat, Sheet No.5. Moreover, the Land Acquisition Appeals, hereinafter referred to as 'L.A. Appeals' (as shown in the table below) are also preferred by the N.F. Railway, the requisitioning authority against the impugned judgment and award dated 20.02.2003 in Misc.(L.A.) No.115/1999, judgment and award dated 17.05.2003 in Misc.(L.A.) No.115/1999, Misc. (L.A.) No. 45/1999, Misc.(L.A.) No.58/1999, Misc. (L.A.) No.75/1999, Misc.(L.A.)No.77/1999, Misc.(L.A.)No.80/1999, Misc. (L.A.) No. 88/1999, Misc.(L.A.)No.23/1999, judgment and award dated 20.05.2003 in Misc.(L.A.)No.36/1999, Misc.(L.A.)No.41/1999, Misc.(L.A.)No.42/1999, Misc. (L.A.) No. 50/1999, Misc.(L.A.)No.64/1999, Misc. (L.A.)No.67/1999, Misc. (L.A.) No. 70/1999, Misc.(L.A.)No.79/1999, Misc. (L.A.) No.85/1999, Misc.(L.A.)No.86/1999, Misc.(L.A.)No.90/1999, Misc. (L.A.) No. 100/1999, Misc.(L.A.)No.117/1999, Misc. (L.A.)No.25/1999 and judgment and award dated 12.02.2004 in Misc. (L.A.) No. 103/1999 & Misc. (L.A.)No.104/1999, as passed by the Land Acquisition Judge, hereinafter referred to as 'the L.A. Judge' :

(2.) For purpose of appreciation of these appeals, it would be beneficial if the quantum of land with the class is also demonstrated in relation to the L.A. Appeals. The quantum of land with the class is shown in a tabular form hereunder:

(3.) By the Notification No.F.9(8)-Rev/Acq./XIV/97.p-1, dated 19.11.1997 made under Section 4 of the L.A. Act, which was published in the Tripura Gazette Extraordinary Issue dated 08.12.1997, the necessary declaration was made for acquisition of land measuring 55.89 acres (jote land- 37.58 acres and khas land- 18.31 acres) in total of different classes namely, Bastu, Viti, Chara, Tilla, Lunga etc. situated at Mouja Badharghat under Sub-Division Bishalgarh, Sheet No.5 for purpose of construction of N.F. Railway, Agartala. This notification was followed by a declaration as made under Section 6 of the L.A. Act under No. F.9(8)-Rev/Acq./XIV/97.p-1, dated 09.12.1997, which was published in the Tripura Gazette Extraordinary Issue dated 24.12.1997. Thereafter, the L.A. Collector issued all necessary notices for hearing under Section 9 of the L.A. Act, affording opportunity to the 'interested persons' for purpose of determining the compensation for such land of different categories. Oncompletion of the said exercise, the L.A. Collector, fixed the compensation towards the land of each category as follows: