THE LAND ACQUISITION COLLECTOR, DHALAI DISTRICT, AMBASSA, DHALAI Vs. SMTI. MANJU RANI SHIL, W/O SRI SUNIL CHANDRA SHIL OF SALEMA, P.S. SALEMA, DISTRICT-DHALAI

JUDGEMENT

(1.) THIS appeal under Section 54 of L.A. Act, 1894 is directed against the judgment and award, passed by learned L.A. Judge, North Tripura, Kamalpur in case No. Civil Misc.(LA) 07 of 2002.

(2.) FACT in short necessary for disposal of the appeal may be stated thus:

(3.) IT is submitted by learned senior counsel, Mr. Deb that learned L.A. Judge whimsically determined the compensation @ Rs. 3,00,000/ - per kani and he based his finding mechanically on some title deeds, which were not marked as exhibits in the proceeding. It is also submitted by learned senior counsel that the burden was on the claimant -respondent to prove that the compensation determined by the L.A. Collector was not appropriate and/or inadequate and such burden cannot be shifted on the shoulder of the L.A. Collector. It is further submitted by learned senior counsel that the compensation was determined on the basis of a price list of the land prevailing in the area as per Govt. Notification issued by the Revenue authority and according to the assessment order made by the L.A. Collector, the price was determined as agreed by the claimant -respondent and other land -holders and so the determination of higher price by the learned L.A. Judge was not called for at all.