Tripura High Court
The Member Deputy Secretary Ic vs Shri Samir Kumar Dey And Ors on 25 August, 2025
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
LA.App 11 of 2025
The Member Deputy Secretary IC
---Petitioner(s)
Versus
Shri Samir Kumar Dey and Ors.
---Respondent(s)
For Appellant(s) : Mr. Haradhan Sarkar, Advocate.
For Respondent(s) : Mr. Mangal Debbarma, Addl. GA
Mr. Samar Das, Advocate.
HON'BLE JUSTICE DR. T. AMARNATH GOUD
Order
25.08.2025
[1] This is an appeal under Section 74 of the Right to Fair Compensation
and Transparency in Land, Acquisition, Rehabilitation and Resettlement Act, 2013
aainst the Judgment and Award dated 13.09.2024 passed by the Ld. Land
Acquisition Judge, West Tripura, Agartala, Court No.2 in Misc. (L.A) 177 of 2016.
[2] It is the case of the appellant that the L.A. Collector, West Tripura,
Agartala after considering all aspect, the value of acquired land was assessed at
Rs.57,00,000/- per kani and it was a Bhiti (Tilla) class of land and situated far from
the road having no potential value and there were no amenities of modern facilities
available over the acquired land.
[3] But the Ld. Land Acquisition Judge, West Tripura, Agartala, Court
No.2, (Ld S.D.Singh), in Misc. (L.A)177 of 2016 enhancing the awarded amount
from Rs.57,00,000/- per kani to Rs. 1,50,00,000/- per kani for Vitti (Tilla) class of
land for the acquired land with 12% interest on the enhanced amount of
compensation compounding from the date of notification u/s 4 of the L.A Act up to
the date of award by L.A. Collector or the date of taking possession of acquired land
whichever is earlier as per Section 23(2) and Section 23(1-A) of the said Act
respectively. The refereeing claimant will further get interest at the rate of 9% per
annum from the date of taking over possession for one year and thereafter at the rate
of 15% per annum after expiry of said one year till payment upon the said excess
amount of compensation as per Section 28 of the L.A Act. The Ld.L.A Judge has
passed the awarded of compensation based on the prevailing market value, whereas
the acquisition of land was notified in the year 2012.
[4] 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 LA 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 LA Collector to show that the LA 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. 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.
[5] In view of the above observation, this court is of the opinion that
present matter be remanded back by setting aside the impugned order dated
13.09.2024 of the learned court below. The court below shall re-examine the matter
by giving opportunity to both sides for filing relevant documents and also frame
additional issues on alienable right, title and interest. The claimant shall also
produce any such document claiming him to be the lawfully owners of the land in
question by placing title deed, if any. The claimant is also at liberty to adduce any
other relevant documents supporting his claim.
[6] With the above observation and direction, this present appeal is
remanded back and accordingly, the same is disposed of. As a sequel, stay, if any,
stands vacated. Pending application(s), if any, also stands closed.
JUDGE
Dipak
DIPAK Digitally signed by
DIPAK DAS
DAS Date: 2025.08.27
12:32:12 +05'30'
