DEPUTY CHIEF ENGINEER (CONSTRUCTION NO.1) Vs. SWAPNA BISWAS

JUDGEMENT

(1.) Heard Mr. A. De, learned Panel counsel appearing on behalf of NF Railway, the appellant herein. Also heard Mr. DK Das Choudhury, learned counsel appearing for the claimant-respondents.

(2.) The impugnment, is the judgment and award dated 03.09.2016 passed by the learned LA Judge, Court No. 1, Gomati Judicial District, Udaipur in case No. Misc. (L.A.) 161 of 2013 [Sri Birendra Chandra Biswas, being expired is represented by his legal heirs Smt. Swapna Biswas and others v. The Land Acquisition Collector and another] wherein the award was made by the learned L.A. Judge at Rs. 10,50,000/- - 40% i.e. Rs. 6,30,000/- per kani.

(3.) Briefly stated, the land in question, was acquired by the LA Collector vide notification No. F.9(4)-REV/ACQ/IX/2010 dated 28.01.2010 under Section 17 of the L.A. Act, 1894 for the purpose of construction of Agartala to Sabroom Railway Line. The compensation of the acquired land was assessed by the L.A. Collector @ Rs. 70,000/- per kani and total amount of Rs. 1,58,270/- was awarded to the claimant. Being dis-satisfied, the claimant has prayed for reference and on reference the matter was decided by the learned LA Judge, Gomati District, Udaipur by awarding the aforestated market price. During proceeding, the claimant had relied upon as many as 5 sale deeds (Exhibits 1,2,3,4 and 5). The L.A. Collector and the appellant- N.F. Railway by filing their counter statements have stated that none of the sale instances, as relied upon by the claimants, are situated in close proximity of the acquired land. As such, they prayed before the learned L.A. Judge to maintain the award as determined by the L.A. Collector, but, the learned L.A. Judge has taken into consideration of the market price of the land @ Rs. 10,50,000/- - 40%, i.e., Rs. 6,30,000/- per kani. The said judgment of the learned L.A. Judge is under challenge before this court.