Sri Subhas Ch. Malakar v. The Managing Director Tripura Industrial Development Corporation Limited, and Anr

Judgment and Order :

26.04.2023 Whether fit for reporting :

HON'BLE MR. JUSTICE T. AMARNATH GOUD Judgment & Order(Oral)

Heard Mr. U.K. Majumder, learned counsel appearing for the cross-objector appellant in CO(FA)05 of 2023 arising from L.A.APP.No.12 of 2023 and for the respondents in L.A.APP.No.12 of 2023 as well as Mr. B.N. Majumder, learned senior counsel appearing for the respondent in CO(FA)05 of 2023 arising from L.A.APP.No.12 of 2023 and for the appellant in L.A.APP.No.12 of 2023.

2.

The Government of Tripura acquired certain lands under notification No.F.09(11)REV/ACQ/VI/09 dated 29.01.2010 for construction of Tripura Industrial Development Corporation Limited, Pandit Nehru Complex. The compensation of the acquired land (2.12 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.4,86,061 only in total was awarded in favour of the referring claimants. The reference case was registered as Case No.MISC.(L.A.)03 of 2016 and was tried by the L.A. Judge, Court No.3, West Tripura, Agartala.

3.

After the trial, the learned Reference Judge passed the judgment and award dated 26.08.2019 whereby the compensation was enhanced to the rate of Rs.7,00,000/- per kani. The compensation shall be added with 30%

solatium under Section 23(2) of the L.A. Act and 12% interest under Section 23(i)(A) of the L.A. Act from the date of notification under Section 4 of the said Act till the date of taking over the possession of the acquired land or the date of award whichever is earlier. The interest on the amount of compensation and solatium shall be at the rate of 9% per annum over the enhanced amount given for land from the date of taking over the possession, till one year and @ 15% per annum from the date of expiry of one year till the date of payment of the enhanced amount of compensation. The amount so paid earlier as compensation under Section 11 of the L.A. Act shall be adjusted with the amount awarded by way of enhancement.

4.

Mr. U.K. Majumder, learned counsel has urged before this court through his cross objection to modify the judgment and award dated 26.08.2019 passed by the learned L.A. Judge and to enhance the amount of compensation by an appropriate award holding that the cross-objector is entitled to get compensation @ Rs.8,00,000/- only per kani for the acquired land in question instead of Rs.7,00,000/- per kani and also holding that the cross-objector is entitled to get other benefits.

5.

Mr. B.N. Majumder, learned senior counsel appearing for the appellant in L.A.APP.No.12 of 2023 has submitted that the land below did not consider the fact that the acquired land is Tilla class of land. It was an abandoned place and as such, the OP No.1 had selected this land for the purpose of construction of Industrial Growth Center. Moreover, learned senior counsel has submitted that the court below did not consider the land acquired

did not have amenities of modern facilities like electricity, water supply, telephone, post office, market, school, hospital, government office etc.

6.

Having heard the counsel for the parties and having gone through the order passed by the Court below in Case No.MISC.(L.A.)03 of 2016 dated

26.08.2019 this Court is of the considered opinion that the Court below has not indicated on what basis Rs.60,000/- is enhanced to Rs.7,00,000/- per kani except indicating that the trend of land rate in Tripura have been exorbitantly increased. Hence, the same enhancement. According to this Court, this kind of analogy cannot be appreciated while fixing the compensation in respect of land, unless, there is any specific reasons indicated.

7.

Hence, the appeal being L.A.APP.No.12 of 2023 is allowed and the cross-objection being CO(FA)No.05 of 2023 is dismissed. The matter is remanded back to the court below for passing a reasoned order as expeditiously as possible.

JUDGE

Sabyasachi B

HIGH COURT OF TRIPURA AGARTALA CO(FA)No.05 of 2023 in connection with L.A.APP.No.12 of 2023 in CO(FA)No.05 of 2023 Sri Subhas Chandra Malakar, son of late Matilal Malakar of Village R.K. Nagar, P.S. Bodhjungnagar, P.O. Khash Noagaon, West Tripura ……….Cross Objector-Appellant(s) Versus 1. The Managing Director, Tripura Industrial Development Corporation Limited, Industry Building, 3rd Floor, Gurkhabasti Tripura Industrial Development Corporation Limited, Pandi Nehru Complex, P.S. New Capital Complex, West Tripura ……….Respondent(s) 2. The Land Acquisition Collector, West Tripura, Agartala, ……….Proforma-Respondent(s) _____________________________________________________________ For Cross-Objector(s) : Mr. U.K. Majumder, Adv. For Respondent(s) : Mr. B.N. Majumder, Sr. Adv. Mr. T. Chakraborty, Adv. in L.A.APP.No.11 of 2023 The Managing Director, TIDC, Industry Building, 3rd Floor, Gurkhabasti, Police Station, New Capital Complex, West Tripura ……….Appellant(s) Versus Sri Subhas Chandra Malakar, son of late Matilal Malakar of Village R.K. Nagar, P.S. Bodhjungnagar, P.O. Khash Noagaon, West Tripura 5. The L.A. Collector, West Tripura District, Agartala ……….Proforma-Respondent(s) For Appellant(s) : Mr. B.N. Majumder, Sr. Adv. Mr. T. Chakraborty, Adv. For Respondent(s) : Mr. U.K. Majumder, Adv. Date of Hearing &