BITHIKA BASU SARKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The present two appeals preferred under Section 54 of the Land Acquisition Act (in short, LA act) emanate from the Judgment and Decree dated 31.3.1983 passed by Land Acquisition Judge, West Tripiura, Agartala (in short, LA Judge) in reference petitions made under Section 30 of the LA act.

(2.) We have heard the learned counsel for both the parties at length and have gone through the records of the case. Since the two appeals arise out of the same Judgment and involve adjudication on same law and common facts, hence they are decided together.

(3.) By notification issued under Section 4 of the LA act on 2.1.1973 and notification issued under Section 6 of the LA act on 12.2.1973. 80 acres of land situate in Mouza- Badharghat under Kotowall Police Station, Sadar Sub-Division, West Tripura District, Agartala was acquired for Oil and Natural Gas Commission. The possession of the land was taken on 23rd March, 1973, the award was made by the Collector in favour of different persons under Section 11 of the LA act on 31.3.83. On petitions made by 16 persons including the appellant late Kali Shankar Sarkar (since deceased) and late Amarendra Nath Mukherjee (sine deceased), the Collector made first reference under Section 30 of the LA act to LA Judge on 17.4.1974 and revised reference under the same Section on 19th December, 1975, adding the Govt of Tripura as one of the claimants. The LA Judge, by the impugned judgment as regards the appellant Kali Shankar Sarkar has found that the land under acquisition vested in the Government under the provisions of the Tripura Land Revenue and Land Reforms Act, 1960 (in short TLR & LR Act), the rights and interests of the appellant got extinguished and apportioned compensation, but upheld the claim of the respondent Shri Amarendra Nath Mukherjee and awarded Rs 2,64,068.30 to the claimant Shri Amarendra Nath Mukherjee and Rs 2,03,509.79 to the Govt. of Tripura and a paltry sum of Rs. 103.48 to Shri Kali Shankar Sarkar towards the cost of fencing etc. of the appellant on the acquired land. MA(F) No. 10/1983 Smt Bithika Basu (Sarkar) - Vs-State of Tripura.