DY. CHIEF ENGINEER , N.F. RAILWAY Vs. SWAPAN CHANDRA BAISHNAB

JUDGEMENT

(1.) The present land acquisition appeal has been filed by the Deputy Chief Engineer (Construction), NF Railway challenging the judgment and award dated 08.06.2018 passed by learned Land Acquisition Judge, Gomati District, Udaipur in Misc.(LA) 22/2016 awarding compensation for the acquired land @ Rs.26,87,580/- per kani. The land in question was acquired vide notification dated 22.09.2010 under Section 4 of the LA Act and declaration dated 26.10.2010 under Section 6 of the LA Act. The acquired land was measuring 0.04 acres.

(2.) Being aggrieved of the assessment of valuation of the acquired land, the land owner, the claimant-respondent No.1, herein, sought for reference under Section 18 of the LA Act. During proceeding before the court of learned LA Judge, the referring claimant filed his statement of claim. The appellant as well as the LA Collector also filed their respective counter statement denying the facts as alleged by the referring claimant. After exchange of pleadings, the learned LA Judge framed issues, evidences were recorded. At the closure of recording evidence, learned LA Judge having heard the learned counsels of the parties and on perusal of the exemplar sale deeds and other documents came to a finding that the referring claimant-respondent No.1 was entitled to pay compensation @ Rs.26,87,580/- per kani and accordingly, the LA Collector was directed to pay the said compensation to the land owner, the respondent No.1 herein.

(3.) Feeling aggrieved and dissatisfied with the said determination of valuation of the acquired land, the appellant, the NF Railway (Construction) has preferred the instant appeal.