Fortuna Agro Plantations Limited vs Mr. Puneet Agarwal & Others
2024 Latest Caselaw 667 Tri

Tripura High Court

Fortuna Agro Plantations Limited vs Mr. Puneet Agarwal & Others on 1 May, 2024

Author: Arindam Lodh

Bench: Arindam Lodh

                                    Page 1 of 2




                        HIGH COURT OF TRIPURA
                              AGARTALA
                          Cont.Cas(C) No.68/2023
Fortuna Agro Plantations Limited
                                                              ......... Petitioner(s).
                                  VERSUS
Mr. Puneet Agarwal & others
                                                            .........Respondent(s).

For Petitioner(s) : Mr. S.M. Chakraborty, Sr. Advocate, Mr. P.S. Agarwal, Advocate, Mrs. P. Chakraborty, Advocate.

For Respondent(s) : Mr. S.S. Dey, Advocate General, Ms. Ayantika Chakraborty, Advocate.

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON'BLE MR. JUSTICE ARINDAM LODH

Order 01/05/2024

Heard learned counsel for the parties at considerable length.

The matter relating to compliance of the judgment of this Court

passed in WP(C) No.1381 of 2016 upheld by the learned Division Bench with

certain modifications in W.A. No.268 of 2021 necessitates further affidavit on

the part of the petitioner and a fresh enquiry in the terms directed by the learned

Courts earlier to find out the severed land beyond the IBB fencing to which the

petitioner claims to be entitled for compensation. The earlier exercise

undertaken by a survey team, one of which is at page-292 of the memo of the

contempt petition does not appear to be in the right manner in which that

exercise ought to have been conducted. The documents relating to ownership of

the land, the demarcation of the area of the land with a map of the concerned

Mouja, the revenue receipts, if any, and any other relevant document relating to

land in question should be brought on record by way of an affidavit so that a

fresh exercise for survey can be undertaken by a duly qualified technical team

to arrive at an opinion as to the severed land and the quantum of compensation

to be computed, if any, over that land which the petitioner claims to be entitled.

Learned counsel for the petitioner is allowed 3(three) weeks' time

to file those documents on affidavit with copy to the other side.

The matter be listed on 26.06.2024.

  (ARINDAM LODH), J                        (APARESH KUMAR SINGH), CJ




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PULAK BANIK               Digitally signed by PULAK BANIK
                          Date: 2024.05.03 16:51:45 +05'30'