Tripura High Court
The Land Acquisition Collector And ... vs Smti. Dipanjali Debnath And Another on 3 April, 2025
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 3
HIGH COURT OF TRIPURA
_A_G_A_R_T_A_L_A_
L.A. App. No.01 of 2025
The Land Acquisition Collector and Another
.....Appellants
_V_E_R_S_U_S_
Smti. Dipanjali Debnath and Another
.....Respondents
For Appellant(s) : Mr. D. Sarma, Addl.G.A.
For Respondent(s) : Mr. A. Das, Advocate.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
_F_I_N_A_L_O_ R_ D_ E_ R_
03.04.2025
Heard.
[2] This present appeal has been filed against the judgment dated
26.06.2024 passed by the learned Land Acquisition Judge, North Tripura,
Dharmanagar in Civil Misc(L.A.) 17 of 2014 under Section-54 of the L.A. Act,
1894.
[3] The facts in brief are that, the Land Acquisition Officer of the North
Tripura District, Dharmanagar by issuing Notification No.F.9(1)-REV/ACQ/2011
dated 07-09-2011 and declaration No. No.F.9(1)-REV/ACQ/I/2011 dated
17.10.2011 under Section-4 of the Land Acquisition Act, 1894 (hereinafter referred
to as "the Act") acquiring land measuring 0.06 acres appertaining to RS Plot No.
1739p, 6784p and 1708/6780p under Khatian No.1, from the referring claimant for
construction of approach to proposed bridge over river Juri on Tilthai Anandabazar
road. Possession of the land was taken and award was passed @ 10,50,000/- per
kani for the Nal and Bastu class of the acquired land of the claimant. An amount of
Rs.1,79,275/- in all has been paid to the referring claimant including the price of
the land along with additional amount @ 12% per-annum on the market value
assessed by the LA Collector for the period commencing on and from Civil Misc.
(LA)-17/2014 the date of notification under section 4(1) of the Act to the date of
taking over of possession of the land and solatium @30% on such market value in
consideration of the compulsory nature of acquisition.
[4] That being dissatisfied with the award of the Collector, the
respondent-claimant filed an application to the L. A. Collector for reference under
Section-18 of the Act for enhancement of compensation. On receipt of the
reference, notices were issued to the parties. The referring-claimant appeared and
filed his claim statement. It has been pleaded by him that acquisition of his land
caused the rest part of land valueless and unusable for which he should further be
compensated for this affected part. It is also stated that the acquired land is quite
fertile, well situated and well connected to different facilities and it is also usable
for commercial purpose. It is also stated that the value of the land has been
determined at lower side without considering necessary factors by the L. A.
Collector. According to the referring claimant he is entitled to get rate of the
acquired land @ 80,00,000/- per kani plus all other statutory benefits.
[5] The opposite-party L.A. Collector of the North Tripura District,
Dharmanagar and Executive Engineer, PWD, Dharmanagar, North Tripura claimed
that after due consideration of the prevailing market rate of the acquired land, the
amount of compensation for the acquired land was determined. According to the
Opposite parties, the compensation so determined is fair & reasonable which
represents the correct market price of the acquired land. After hearing the learned
L.A. Judge allowed the reference.
[6] Being aggrieved by and dis-satisfied with the same, the present
appeal has been preferred by the appellant for redress.
[7] This Court has come across recently in many instances of land
acquisition matters in the State of Tripura where even without examining the title
deeds and also on the strength of the L.A. Collector's report, compensation has
been awarded. It is strange to learn that there is no finding, any report or any
document to place before this Court or before the learned L.A. Collector to show
that the L.A. Collector has examined the title deeds with regard to the ownership
and also the possession of the claimant. On the strength of the revenue record (i.e.
the khatian), it cannot be said that the persons in possession and claiming the
compensation are the real owners having alienable right. Unless there is a specific
document to prove the alienable right, title and interest upon the said land, it cannot
be construed that the claimants are the lawful owners of the property and are
entitled for compensation.
[8] In view of the above observation, this Court is of the opinion that
ends of justice would be met if the present matter is remitted back by setting aside
the impugned order dated 26.06.2024 passed by the L.A. Judge, North Tripura,
Dharmanagar and accordingly, the same is ordered. The competent authority shall
re-examine the matter by giving opportunity to both sides for filing relevant
documents and mark exhibits and also frame additional issues on the alienable
right, title and interest. The claimant shall also produce any such document
claiming to be the lawful owner of the land in question by placing title deed, if any.
The claimants are also at liberty to adduce any other relevant documents in support
of their claim.
[9] In that view of the matter, the present appeal is remanded back and is,
accordingly, disposed of. As a sequel, miscellaneous application pending, if any,
shall stand closed.
T. AMARNATH GOUD, J
A. Ghosh
ANJAN GHOSH Digitally signed by ANJAN GHOSH
Date: 2025.04.08 14:44:14 +05'30'
