The State Of Tripura & Ors vs Anil Plantations
2024 Latest Caselaw 1136 Tri

Tripura High Court

The State Of Tripura & Ors vs Anil Plantations on 11 July, 2024

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                     HIGH COURT OF TRIPURA
                           AGARTALA

                         I.A. No. 02 of 2024
                                  in
                      L.A. App. No. 34 of 2024

The State of Tripura & Ors.
                                                           .......Applicant(s)
                                     Versus
Anil Plantations, Private Limited,
                                                       .......Respondent(s)

For Applicant(s)        :      Mr. N. Majumdar, Adv.
For Respondent(s)       :      Mr. D. Singh Kunwar, Adv.

HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA

_O_R_D_E_R_

11.07.2024

Heard Mr. N. Majumdar, learned counsel appearing for the

applicants and also heard Mr. D. Singh Kunwar, learned counsel

appearing for the respondent.

Mr. Majumdar, learned counsel submits that initially land of

1.09 acres of lunga, bagan and tilla class were acquired from the

respondent by the L.A. Collector and during reference under Section 18

of the L.A. Act, learned L.A. Judge, Sepahijala, Bishalgarh in connection

with Misc L.A. No.174 of 2014 passed an award of Rs.18,00,000/- per

kani for the acquired land and in an appeal, this Court vide judgment

dated 16.01.2023 remanded the matter back to the learned L.A. Judge,

Sepahijala, Bishalgarh to decide the matter afresh by setting aside the

previous award. In compliance with the direction of this Court, learned

L.A. Judge has now passed an award on 28.07.2023 by determining that

the land looser will get compensation @Rs.24,00,000/- per kani.

Mr. Majumdar, learned counsel submits that already one

execution case is pending and unless the operation of the impugned

award is not stayed and the same is executed, the very purpose of the

appeal will be frustrated. Mr. Majumdar, learned counsel also submits

that the execution case which was filed initially in the court of L.A.

Judge, Sepahijala, Bishalgarh bearing Execution(M) 10 of 2023 has

recently been transferred to the Court of L.A. Judge, West Tripura,

Agartala, Court No.4 with a new registration bearing number

Misc.(Execution) 24 of 2024.

Mr. Kunwar, learned counsel did not oppose the prayer of

stay but submits that the stay may be granted subject to deposit of

50% of the enhanced award before the Registry.

Considered the rival submissions and perused the record.

The operation of the impugned award dated 28.07.2023

passed by learned L.A. Judge, Sepahijala, Bishalgarh in Misc. L.A.174 of

2014 is hereby stayed subject to deposit of 40% of the enhanced award

in the Registry of this Court and the Registry in turn shall keep it in a

fixed deposit scheme until further order.

Communicate this order to the learned Judge, Sepahijala,

Bishalgarh and also to learned L.A. Judge, West Tripura, Agartala, Court

No.4.

                                                                  JUDGE




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 DUTTA      Date: 2024.07.12
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