The Managing Director, Tidc v. Smt Kakali Chakraborty and Anr

Judgment & Order : 02.05.2023.

Whether fit for reporting : YES/NO.

HON'BLE MR JUSTICE T. AMARNATH GOUD

JUDGMENT AND ORDER(ORAL)

This present appeal has been filed against the Judgment and award dated 01.10.2021 passed by L.A. Judge, (Court No.2), West Tripura, Agartala in Case No.MISC.(L.A) 08 of 2019.

2.

The brief fact of this case is that compensation of the acquired land (0.80 acres) was assessed by the L.A. Collector @ Rs.1,50,000/- per acre and also assessed additional compensation @ 30% solatium and interest @ 12% per annum w.e.f. 29.01.2010 to

30.12.2011 and by this way Rs.1,83,419/- only was awarded in favour of the referring claimant.

3.

Being aggrieved/dissatisfied with the land valuation, the claimant approached the L.A. Court for a re-assessment of the market value. The reference case was registered as Case No.MISC.(L.A) 08 of 2019 and was tried by the learned L.A. Judge, (Court No.2), West Tripura, Agartala.

4.

After the trial the learned reference Judge passed the judgment and award dated 01.10.2021 in the following terms:-

"The referring claimant is entitled to get Rs.7,00,000/- per kani only for the acquired land. She will also get 30% solatuim and 12% interest on enhanced amount of compensation computing from the date of notification u/s 4 of the L.A. Act up to the date of award by L.A. Collector or the date of taking possession of acquired land whichever is earlier as per Section 23(2) and Section23(1-A) of the said Act respectively. The referring claimants will further get interest @ 9% per annum from the date of taking over possession for one year and thereafter@ 15% per annum after expiry of said one year till payment upon the said excess amount of compensation as per Section 28 of the L.A. Act. As per law laid down by Hon'ble Supreme Court in Mehrewal Khewaji Trust vs. State of Punjab reported in 2012 AIR SCW 2822, the interest will also be counted on additional amount as awarded u/s 23(1-A) above and upon the solatium awarded u/s 23(2) of the L.A. Act."

5.

Heard Mr. B.N. Majumder, learned Sr. counsel assisted by Mr. T. Chakraborty, learned counsel appearing for the appellant as well as Mr. U.K. Majumder, learned counsel appearing for the respondents.

6.

Mr. B.N. Majumder, learned Sr. counsel appearing for the appellant submits that there is no consideration for ascertaining the amount of compensation by the learned Court below. The compensation has been fixed whimsically by the learned Court below. No reason has been given why the learned

L.A. Judge enhanced the compensation for the acquired land from Rs.60,000/- per kani to Rs.7,00,000/- per kani.

7.

Heard both sides and perused the evidence on record.

8.

It is seen from the record that the learned L.A. Judge while enhancing the compensation of the acquired land from Rs.60,000/- per kani to Rs.7,00,000/- per kani has not given any reason. As such, according to this Court, the order dated 01.10.2021 is an unreasoned order and the same is liable to be set aside and remanded back for proper adjudication of the same. Accordingly, the matter is remanded back to the learned L.A. Judge for proper adjudication of the matter. The same is to be considered as expeditiously as possible by the learned Court below.

9.

With the above observation and direction, this present L.A. appeal stands disposed of. As a sequel, stay if any stands vacated. Pending(s) application if any also stands closed.

JUDGE

suhanjit

HIGH COURT OF TRIPURA AGARTALA L.A. APP NO.13 OF 2023 The Managing Director TIDC ……… Appellant(s) Vs. Smt. Kakali Chakraborty and anr ……. Respondent(s) For the Petitioner(s) : Mr. B.N. Majumder, Sr. Advocate. Mr. T. Chakraborty, Advocate. For the Respondent(s) : Mr. U.K. Majumder, Advocate. Date of hearing and delivery of