Tripura High Court
The 2Nd -In- Command vs Smt. Dipali Das & Others on 7 April, 2025
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
L.A. App.07 of 2025
The 2nd -In- Command, for Commandant H.Q., 6 BN. BSF, Fatikcherra
.........Appellant(s)
Versus
Smt. Dipali Das & others
..............Respondent(s)
For Appellant(s) : Mr. Bidyut Majumder, Deputy SGI
For Respondent(s) : None.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
ORDER
07.04.2025
The present appeal is filed by the appellant under Section 54 of
the Land Acquisition Act, 1894, against the judgment and order dated
26.09.2024 passed in Misc (L.A.) 243 of 2016 by the learned Land Acquisition
Judge, Court No.1, West Tripura, Agartala.
[2] By filing the instant appeal, the appellant herein has sought for
the following reliefs:
(i) Admit the instant appeal;
(ii) Issue notice upon the respondents to show cause as to why the impugned
judgment/award dated 26.09.2024 passed by the learned L.A Judge. West
Tripura, Agartala, Court No.1 shall not be set-aside,
(iii) Call for the records of case no. Misc. L.A. 243 of 2016 from the court of the
learned L.A. Judge, West Tripura, Agartala, Court No.1
AND
(iv) After hearing both the sides may kindly set aside the impugned judgment
and award dated 26.09.2024 passed Misc. L.A. 243 of 2016 by the learned L.A.
Judge, West Tripura, Agartala, Court No.1................."
[3] It is seen from the Registry's note dated 18.03.2025 &
03.04.2025 that despite service of notice, there is no representation for the
respondents.
[4] Heard Mr. Bidyut Majumder, learned Dy. SGI on behalf of the
appellant.
[5] It is submitted on behalf of the appellant that while fixing the
enhanced compensation learned Court below had not frame any issue on the
point of title-deeds of the claimants. Learned Dy. SGI submits that in the
similarly situated matters, this Court has remanded back such matters to the
learned Court below for framing fresh issue especially on the point of title
deeds. It is further submitted that in the absence of relevant documents,
more particularly, the title-deeds and on the strength of khatiyan, it cannot be
construed that the claimants are having alienable rights and title of interest
upon the property and to say that they are entitled for claiming any
compensation.
[6] In view of the submission made at the Bar, the impugned
judgment and award dated 26.09.2024 passed in Misc (L.A.) 243 of 2016 by
the Court below is set aside and the case of the appellant is remanded back
for fresh adjudication on the strength of the documents that would be
submitted by the parties. Both the parties are at liberty to place sufficient
evidence before the Court below and make their respective arguments. And
the Court below shall frame a fresh issue on the point of title-deeds of the
claimant(s).
With the above observation and direction, the appeal is remanded
back and accordingly, the same is disposed of. As a sequel, miscellaneous
application(s) pending, if any, shall also stand closed.
JUDGE
Sabyasachi. G.
SABYASACHI Digitally signed by SABYASACHI
GHOSH
GHOSH Date: 2025.04.10 14:29:10 +05'30'
