AGARTALA, India, June 15 -- Tripura High Court issued the following order/judgement on May 14:
1) Heard.
[2] This is an appeal filed under Section-54 of the Land Acquisition Act, 1894 against the judgment dated 17.02.2022 passed by the Land Acquisition Judge, Court No.2, West Tripura, Agartala in connection with Misc (LA) 175 of 2016 wherein, the learned L.A. Judge enhanced the awarded amount of compensation from Rs.57,00,000/- per kani to Rs.1,50,00,000/- per kani.
[3] The fact of this case, in brief, the LA Collector, West Tripura, Agartala made a reference under Section-18 of the LA Act before the learned LA Judge, West Tripura, Agartala. The referring claimant by filing the claim statement claimed compensation at the rate of Rs.2,50,00,000/- per kani for Viti (Nal) class of land. The learned counsel appearing on behalf of the appellant i.e. requiring department had submitted that though the acquired land is a Viti (Nal) class of land but it had no potential value as claimed by the referring claimant for enhancement of compensation. Therefore, considering this fact the LA Collector has rightly awarded a just and fair amount of compensation for the acquired land. After hearing both the parties, learned LA Judge without considering the fact that the claimant did not submit any document to prove their title enhanced the compensation Rs. 1,50,00,000/- per Kani.
[4] After hearing the Ld. LA Judge, West Tripura, Agartala after appreciation of evidence pleased to observed as under:
"8. In the result, the claim of referring claimant stands awarded in the following terms :-
The referring claimant is entitled to get Rs. 1,50,00,000/- per kani only for the acquired land. He will also get 30% solatium 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 Section 23(1-A) of the said Act respectively. The referring claimant 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 Mehrawal 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/s23(2) of the L.A. Act."
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63KvxtPjjd9vBD2w0z54AclzZFFWt0m0S%2Bm2QRi%2BcHYSGWa&caseno=LA.App./17/2026&cCode=1&cino=TRHC010001702026&state_code=20&appFlag=)
Disclaimer: Curated by HT Syndication.
