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2014 DIGILAW 13 (TRI)

Land Acquisition Collector v. Ramkrishna Goala

2014-01-13

S.C.DAS

body2014
JUDGMENT S.C. Das, J.:- This appeal under Section 54 of the Land Acquisition Act, 1894 (for short, L.A. Act), is directed against the common judgment and award, passed by the learned L.A. Judge, Kamalpur, North Tripura, in case No. Civil Misc. (L.A.) 02 of 2002 along with Civil Misc. (L.A) 7 of 2002. 2. Heard learned Sr. counsel, Mr. S. Deb, assisted by learned counsel, Mr. D.C. Nath for the appellant and learned counsel, Mr. S. Lodh for the respondents. 3. At the very outset, learned Sr. counsel, Mr. Deb with all his fairness has submitted that arising out of acquisition of land under same notification and same Mouja, for the same purpose, by a common judgment in case No. Misc. L.A. 7 of 2002 and Misc. L.A. 2 of 2002, learned L.A. Judge, North Tripura, Kamalpur disposed of both the cases and challenging the judgment, the L.A. Collector preferred two appeals i.e. the present appeal (L.A. Appeal No. 37 of 2003) against Ramkrishna Goala & Ors. and another Appeal (L.A. Appeal No. 38 of 2003) against Manju Rani Shil. It is submitted by learned counsel of both side that L.A. Appeal 38 of 2003 has already been disposed of by this Court by judgment dated 21.02.2012. Learned Sr. counsel, Mr. Deb has submitted that the said judgment passed by this Court in L.A. Appeal No. 38 of 2003 has not been challenged in any superior forum and it holds the field. 4. Since L.A. Appeal No. 38 of 2003 has already been disposed of and the present appeal is also challenging the same judgment passed by the L.A. Judge, Kamalpur, North Tripura, learned counsel of both side have submitted that this appeal also may be disposed of in terms of the judgment dated 21.02.2012, passed by this Court in L.A. Appeal No. 38 of 2003. 5. Records of L.A. Appeal No. 38 of 2003 is produced on call and is examined. It appears that L.A. Appeal No. 38 of 2003 has been disposed of by judgment dated 21.02.2012 and the appeal was dismissed without costs. 6. In view of the fair submission of learned counsel of both side, this appeal stands dismissed in terms of the judgment of the L.A. Appeal No. 38 of 2003 and in the circumstances without costs. 7. Send back the L.C. records along with a copy of this judgment.