Samarendra Sharma, son of late Harendra Chandra Sharma v. State of Tripura
2017-04-06
S.TALAPATRA
body2017
DigiLaw.ai
JUDGEMENT AND ORDER : Heard Mr. AC Bhowmik, learned senior counsel assisted by Mr. D. Sarkar, learned counsel appearing for the petitioner as well as Mr. S.Chakraborty, learned Additional Government Advocate appearing for the respondent No.1 and Mr. AL Saha, learned counsel appearing for the respondents No. 2 and 3. 2. The grievance of the petitioner as canvassed in this writ petition falls in a short compass. There is no dispute that the petitioner is the owner of a piece of land at Mouja-Singarbill comprised in Khatian No. 2761 and plot No. 3635/9036 measuring 0.210 acre [10½ gandas by the local measure]. It is also not in dispute that out of the said land, a piece having the most of advantages being in the frontal part of the said land and adjacent to the road measuring 0.02 acres has been occupied and utilized by the respondents No. 2 and 3 by widening the road for movement of rig by heavy-duty vehicle. It is also not in dispute that the said land has been occupied for that purpose. 3. Mr. Saha, learned counsel appearing for the respondents No. 2 and 3 has submitted that in the meeting of the Sub-Divisional Purchase Committee, different rates for the different parcels of land situated in the different positions was settled and can be gathered from the minutes of that meeting [Annexure P-2 to the writ petition]. According to Mr. Saha, learned counsel, the settled rate for the land of the petitioner is Rs.40 lakh per kani, meaning that for the total land as under occupation of the ONGC, the petitioner will be entitled to Rs.2 lakhs. When the respondent No. 2 and 3 offered the said rate, the petitioner being aggrieved approached this court. 4. As the petitioner was opposing the transportation of the heavy duty rig, this court by an interim order dated 05.01.2017 delivered in I.A. 11 of 2017 in WP(C) 832 of 2016 had directed the ONGC-respondent to deposit an amount of Rs.5 lakhs subject to the final outcome of this writ petition. Accordingly, the ONGC-respondent by the cheque bearing No. 698435 dated 09.01.2017 deposited the said amount in the Registry of this court subject to final outcome of this writ petition. Today, this court has examined all the records including the petitioner-in-person and after giving a thoughtful consideration to the submission and the instruction as put forward by Mr.
Accordingly, the ONGC-respondent by the cheque bearing No. 698435 dated 09.01.2017 deposited the said amount in the Registry of this court subject to final outcome of this writ petition. Today, this court has examined all the records including the petitioner-in-person and after giving a thoughtful consideration to the submission and the instruction as put forward by Mr. Saha, learned counsel appearing for the ONGC-respondent, this court has embarked on an endeavour to find out an agreeable rate but unfortunately, Mr. Saha, learned counsel has expressed his inability to be party to such consensus. As such this court, based on the rates determined for the land of diverse nature, as reflected in the minutes of the Land Purchase Committee and also on considering the position of the land of the petitioner is inclined to take the view that if the rate for the land of the petitioner measuring 0.02 acres is fixed at Rs.3.5 lakh, it will be just and adequately compensatory to the petitioner. That will be the final rate and the petitioner shall not claim any interest or any other benefit from the ONGC-respondent. 5. The petitioner appearing in person has expressed acceptance of the value as reasonable and satisfying his claim. As such, the respondents No. 2 and 3 are directed to pay a sum of Rs.3.5 lakhs to the petitioner. Since a sum of Rs. 5 lakhs has been deposited by the ONGC-respondents in this court the Registry is directed to release a sum of Rs. 3.5 lakhs to the petitioner and refund the remainder of the amount to the ONGC-respondent. It is further directed that the petitioner shall not disturb the possession of the ONGC-respondent over the said land in any manner and he shall not make any claim, title over that land ever. That land from this day onward would be treated as the land belonging to the ONGC-respondent and the ONGC-respondent will be at liberty to utilize the land in the manner as they would like to utilize it. 6. With this above observation and direction, this writ petition is disposed of. There shall be no order as to costs.