Tripura High Court
For The vs For The on 22 November, 2022
1
HIGH COURT OF TRIPURA
AGARTALA
IA No.1 of 2022
In LA App.16 of 2022 (D/O)
For the Appellant(s) : Mr. S. Bhattacharjee, Adv.
For the Respondent(s) : None
BEFORE
HON'BLE MR. JUSTICE S.G.CHATTOPADHYAY
ORDER
22.11.2022
[1] The N.F. Railway being the appellant filed LA
Appeal No.16 of 2022 against the judgment and award
dated 06.03.2021 passed by the learned LA Judge (Court
No.01) West Tripura, Agartala in Misc. (LA) No. 146 of
2014. The present Interlocutory Application is arising out
of the said appeal.
[2] By order dated 31.03.2022 passed by the
learned single Judge (Hon'ble the Chief Justice), the
appellant was directed to deposit the entire amount of
compensation awarded by the learned LA Judge along with
the interest accrued thereon before the learned Registrar
General of this court within a period of 6 weeks from the
date of order and the execution proceeding before the
learned trial Court was stayed subject to deposit of such
compensation by the appellant. Thereafter, by order dated
27.05.2022, the appeal was dismissed by the learned
single Judge with the following observations:
"Heard learned counsel for the appellant.
Learned counsel for the appellant submits that in
other connected matters, challenges had been made by
the appellant before this Court in various appeals
including L.A No.15 of 2021 dated 09.02.2022 wherein a
higher amount has come to be determined by the L.A
Judge to the claimants.
Learned counsel appearing for the private
respondents submits on instructions that the
respondents do not intend to file any cross appeal and
would be satisfied if the amount determined by the L.A.
Judge is paid to the claimants.
In the case at hand, the nature of land involved is
'tilla' land whereas the cases referred to by learned
counsel for the appellant, the nature of land covered
therein was 'viti'. Consequently, the appeal stands
dismissed and the order passed by learned L.A Judge
stands affirmed. Parties are at liberty to seek execution
of the said order in accordance with law.
Pending application(s), if any, also stands
disposed of."
[3] It appears from record that by this time the
appellant N.F. Railway has deposited the awarded amount
of Rs.2,68,051/- with the registry of this court through
NEFT vide No. UTR No.SBIN522213073814 dated
01.08.2022.
[4] Since the awarded amount of compensation has
been deposited and it is also submitted on behalf of the
claimant respondents before the learned single Judge that
they would not file any cross appeal, now there is no
impediment to release the said amount in favour of the
claimant respondents.
[5] The Registry is, therefore, directed to release
the entire amount of compensation deposited by the
appellant N.F. Railway in favour of the claimant
respondents on verification of their identity within a period
of 7 days.
Claimant respondents shall appear before the
Registry with their identity proof.
[6] In terms of the above, the IA stands disposed
of.
JUDGE
Saikat Sarma
