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Tripura High Court · body

2017 DIGILAW 20 (TRI)

Officer Commanding v. Debopriya Jyoti Dewan S/o Lt. Nirmal Chandra Dewan

2017-01-11

S.C.DAS

body2017
JUDGMENT AND ORDER : This appeal under Section 54 of the LA Act, 1894 is directed against the judgment and award dated 09.02.2012 passed by the learned LA Judge, (District Judge) North Tripura, Kailashahar in case No. Misc. (LA) 40 of 2009. 2. Heard learned CGC, Mr. A Roy Barman for the appellant and learned counsel, Mr. Samarjit Bhattacharji for the respondent No.1. No representation on behalf of respondent No.2 in spite of service of notice. 3. For construction of NH 44/A from Manu to Simlowng at Mouja Manu under Manu Tehsil Kachari, Sub-Division-Longtharai Valley, DistrictDhalai land located under different Moujas between Manu to Simlowng was acquired and under the same process, land measuring 0.20 acres of Nal class belonging to the respondent No.1 herein (hereinafter mentioned as ‘referring claimant’) was also acquired and compensation was paid for 0.01 acres of Nal class of land of plot No.1323 @ Rs.72,000/per kani and for 0.19 acres of land of plot No. 1324 (P) and 1325 (P) @ Rs.64,000/per kani. The referring claimant received the compensation under protest and on his request reference was made to the learned LA Judge and the LA Judge by impugned judgment and award dated 09.02.2012 passed in case No. Misc. (LA) 40 of 2009 enhanced the compensation to the tune of Rs.2,00,000/per kani. 4. When the case is taken up for hearing, learned CGC, Mr. Roy Barman and learned counsel, Mr. Bhattacharji submitted a copy of judgment passed by a Single Bench of this Court in LA appeal No. 37/2011 and other connected appeals wherein this Court maintained the award of compensation @ Rs.2,00,000/per kani for Nal class of land of Mouja Manu and other adjoining areas and for other class of land the compensation was reduced. 5. Learned counsel of both side have submitted that the present appeal may be disposed of in the same term awarding compensation @ Rs.2,00,000/per kani since that judgment passed by this Court in LA Appeal No. 37 of 2011 has not been challenged before any other superior forum. 6. A copy of that judgment in LA appeal No. 37/2011 and other connected appeals has been placed on record and on perusal of the said judgment I find that in that appeal the compensation for Nal class of land of Mouja Mainama acquired for the same purpose was awarded @ Rs.2,00,000/per kani. 7. 6. A copy of that judgment in LA appeal No. 37/2011 and other connected appeals has been placed on record and on perusal of the said judgment I find that in that appeal the compensation for Nal class of land of Mouja Mainama acquired for the same purpose was awarded @ Rs.2,00,000/per kani. 7. In the present case, the land was acquired from Mouja Manu which is of better location and since both side agreed that in view of the judgment in LA appeal No.37/2011, the compensation awarded for Nal Class of land may be maintained, I think this appeal accordingly may be disposed of directing the respondents to pay compensation for the Nal Class of land @ Rs. 2,00,000/per kani as has been awarded by the learned LA Judge. 8. The appeal is accordingly disposed of. 9. A copy of the judgment of LA Appeal No. 37/2011 dated 28.01.2015 be kept in this record. 10. Send back the LC records along with a copy of this judgment.