NRIPENDRA CHANDRA DEY Vs. LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) These appeals by the owners of the land (claimants) under Section 54 of the Land Acquisition Act, 1894 (in short, the Act) are directed against the judgment and award dated 12.6.2001 passed by the learned L. A. Judge, West Tripura, Agartala, Court No. 2 in Misc. (L. A) Case Nos. 8/95, 7/96, 8/96 and 9/96 rejecting the claim of the claimants for enhancement of the amount of compensation in respect of the land acquired by the L. A. Collector under the provisions of the Act for a public purpose.

(2.) A notification under Section 4(1) of the Act was issued on 28.2.90 intimating all concerned that a plot of land measuring 0.87 acres, which comprises Vitti land (developed land) and Nal land (paddy land) is needed or likely to be needed for a public purpose, namely construction of Jogendranagar Market. The said notification was followed by the declaration under Section 6 of the Act issued on 5.3.90. The possession of the land was taken over by the authority on 17.5.90 and the L. A. Collector has passed the award on 17.10.90 awarding Rs.1,50,000/- per Kani and Rs.45,000/- per Kani for the Vitti land and Nal land, respectively. The claimants appellants, being not satisfied with the quantum of compensation awarded by the L. A. Collector in respect of their land (Nal land), filed an application under Section 18 of the Act for reference of the dispute relating to the quantum of compensation to the competent Court and accordingly the references were made by the L. A. Collector to the competent Court, on the basis of which Misc(L. A.) Case Nos. 8/95, 7/96, 8/96 & 9/96 are registered before the learned L. A. Judge. The claimants/appellants filed their written statement in the said proceedings in support of their claims. The L. A. Collector has also contested the said proceedings by filing objection to the prayer for enhancement of the compensation.

(3.) The claimants-appellants in their written statement before the learned L. A. Judge have claimed Rs.20,00,000/- per Kani contending interalia that the amount of Rs. 45,000/- per Kani awarded by the L. A. Collector in respect of the Nal land (paddy land) is highly inadequate, as the acquired land is adjacent to Agartala town and therefore, in the developed area. The further case of the claimants /appellants is that the Tripura Gramin Bank, SDO Office, Office of the PHE Department, Schools, Colleges, Police Station, Cinema Hall, Panchayat Office, Stadium, etc. are situated near the land and the area has all modern facilities like water supply, electricity connections, motorable road etc. According to the claimants/appellants, the land is situated by the side of the Agartala-Anandanagar Road having high potential value. In the objection filed by the L. A. Collector, it has been stated that true market value of the acquired land has been assessed as required under the Act, which has been done on the basis of the sale deeds of the comparable land in the vicinity. The L. A. Collector has further contended that the land is low lying land and after its acquisition the land was developed to make the same suitable for construction of the Jogendranagar Market. The L. A. Collector also denied the claim of the claimants-appellants that the acquired land is situated in the commercial area and adjacent to Agartala town as well as the MBB College, Tripura University and Hospitals. The L. A. Collector, however, has admitted that modern facilities are available in the vicinity of the acquired land.