NORTH EAST FRONTIER RAILWAY Vs. ROTHANGA

JUDGEMENT

(1.) Heard Mr. R.K. Dev Choudhury, learned Dy. Assistant Solicitor General of India for the appellant along with Mr. B. Lalramenga, learned counsel for the respondents.

(2.) This court in its order dtd. 23/1/2023, had made the following observation and order:-

(3.) Mr. R.K. Chowdhury, the learned Dy. SGI for the appellant reiterates his earlier submissions and submits that the statement of the respondent No. 1 clearly shows that he was satisfied with the market value of his land which was assessed initially at Rs.25.00 per sq.ft. He further submits that if the respondent No. 1 has shifted the blame on his previous counsel,by stating that he had informed his counsel that the value of his landed property acquired should not be less than Rs.100.00 per sq.ft., then his previous counsel should have been made a party in the case. He further submits that the Deputy Commissioner is the competent authority to decide the value of the land and accordingly, had decided the value of the land at Rs.25.00 per sq.ft. as compensation for the market value of the lands of the private respondents in terms of Award No. 1/2012 (Part 'C', Hortoki). The learned Dy. SGI also submits that in Review Petition No. 17/2019, the Review Court had referred to LA Case No. 31/2013, where the land holders having land at Sihhmui, which is at Aizawl District, for the same stretch of railway line had been awarded compensation @ Rs.200.00 per sq.ft., but has not given any substantial reason as to why the value of the land of the petitioners which was at Kolasib was enhanced from Rs.25.00 per sq.ft. to Rs.60.00 per sq.ft. The learned Dy. SGI submits that the enhancement of the market value of Award No. 1/2012 (Part 'C', Hortoki) from Rs.25.00 per sq.ft. to Rs.60.00 per sq.ft. was without any basis and therefore liable to be set aside.