High Court Of Tripura vs For
2021 Latest Caselaw 202 Tri

                       HIGH COURT OF TRIPURA
                              AGARTALA
                          L.A. App. 46/2018
                                  PRESENT
For Appellant(s)         :      Mr. A. Nandi, Advocate
For Respondent(s)        :      Mr. RG Chakraborty, Advocate

HON'BLE MR. JUSTICE ARINDAM LODH Order 18/02/2021 In view of the order passed today in I.A. 2 of 2021 arising out of L.A. App. 46 of 2018, this appeal is restored in its original file and taken up for hearing. Heard Mr. A. Nandi, learned counsel appearing for the appellant as well as Mr. RG Chakraborty, learned counsel for the respondent. Mr. Nandi, learned counsel has submitted that the award has been passed in absence of the requiring department i.e. PWD (R&B), Dharmanagar. He has further submitted that it is settled law that requiring department is a necessary party to decide the land acquisition case.

Mr. Chakraborty, learned counsel has submitted that there should be a time limit for completion of the proceeding.

Having gone through the judgment of the learned LA Judge, North Tripura, Dharmanagar dated 24.03.2017, it transpires that the learned LA Judge has passed the judgment and award without impleading the requiring department as a party to the proceeding.

In view of the settled legal position, the judgment and award dated 24.03.2017 passed by the learned LA Judge, North Tripura, Dharmanagar in case No. Civil Misc.(LA) 6 of 2012 is set aside and quashed. The matter is remitted back to the court of learned LA Judge, North Tripura, Dharmanagar for fresh hearing of the case impleading the Executive Engineer, PWD (R&B) Dharmanagar.

In view of the pendency of this appeal for a long period, I direct the learned LA Judge, North Tripura, Dharmanagar to complete the trial and pass award within a period of 6 (six) months from the date of receipt of this order. Registry is directed to send the LCRs immediately. Accordingly, the instant appeal stands disposed of.

JUDGE Saikat