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2025 DAILYLAW 1110 (TRI)

Dilip Banik and Ors. v. The Land Aquisition Collector and Anr.

LA.App./62/2024 · 2025-01-22

T Amarnath Goud

body2025

Judgment text

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HIGH COURT OF TRIPURA AGARTALA LA.App No. 62 of 2024 Sri Dilip Banik & Ors. ………Appellant(s) Versus The Land Acquisition Collector & Anr. ……..Respondent(s) For Petitioner(s) : Mr. S. Datta, Advocate. Ms. S. Nandy, Advocate. For Respondent(s) : None. HON’BLE MR. JUSTICE T. AMARNATH GOUD ORDER 22.01.2025 Heard Ms. S. Nandy, learned counsel along with Mr. S. Datta, learned counsel appearing for the appellants. [2] This appeal has been filed under Section 54 of the Land Acquisition Act, 1894 seeking the following reliefs:- “i) Enhanced compensation for the acquired land of the appellants. ii. Enhanced compensation for the fruit bearing teers and other crops on the acquired land of the appellants. iii. Compensation for the damage of construction including dwelling hut, boundary wall, sanitary latrine and its safety tank, on the acquired land. iv. Costs in favour of the appellants.” [3] Mr. S. Datta, learned counsel appearing for the appellants submits before this Court that in pursuance of the order passed by this Court dated 17.01.2025, he has placed on record the allotment order dated 19.11.1984 which was issued in favour of the allottees therein. And the present appellants claiming the benefit have approached the LA Collector as against the acquisition proceedings and thereafter, approached the LA Judge, and since, the compensation amount is not satisfied, the present appeal has been filed seeking the enhancement. Learned counsel appearing for the appellants also submits that in the light of the earlier orders passed by this Court, the appellants herein are also equally entitled for enhancement at par with earlier other claimants. [4] In view of such circumstances, without expressing any opinion on the merits of the case, this appeal is remanded back to the learned LA Judge for re-appreciating the allotment order and the affect of title and the right of the claimants in this regard and to frame an issue, mark additional exhibits to decide the matter after giving an opportunity, for fixing fair compensation. Both parties are at liberty to place relevant records before the Court below and on receipt of the same the Court below to decide the matter as expeditiously as possible as per procedure and in accordance with law. [5] With the above observation and direction, this present appeal stands disposed of. As a sequel, miscellaneous application(s), pending if any, shall stand closed. JUDGE Paritosh SABYASAC HI GHOSH Digitally signed by SABYASACHI GHOSH Date: 2025.02.04 16:21:12 +05'30'