Tripura High Court
The Deputy Chief Engineer ... vs Abdul Rahim & Another on 6 February, 2025
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 2
HIGH COURT OF TRIPURA
_A_G_A_R_T_A_L_A_
L.A. App. No.21 of 2024
The Deputy Chief Engineer (Construction)
.....Appellant
_V_E_R_S_U_S_
Abdul Rahim & Another
.....Respondents.
For Appellant(s) : Mr. B. Majumder, DSGI.
For Respondent(s) : Mr. P.S. Roy, Advocate.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
_F_I_N_A_L_O_ R_ D_ E_ R_
06.02.2025
Heard.
[2] The present appeal has been filed under Section-54 of the Land
Acquisition Act, 1894 against the judgment and order dated 02.08.2023 passed in
Misc (LA) 215 of 2015 by the learned Land Acquisition Judge, Sepahijala District,
Bishalgarh, Tripura.
[3] The facts in brief are that, as per requisition of the appellant the land
of the respondent-claimant, hereinafter referred to as the respondent, situated under
Mouja-Bishalgarh, Sub-division-Bishalgarh, Sheet No.5/p, recorded in Khatian
No.6557/1, 2,4, C.S. Plot No.4141/23989 land measuring 0.10 acres land was
acquired by the respondent No.2 i.e. the Land Acquisition Collector, West Tripura,
Agartala, vide notification dated 28.06.2011 for construction of new railway line
from Agartala to Sabroom. Accordingly, the L.A. Collector, West Tripura, has
awarded the compensation @Rs.14,00,000.00/- per kani. Thereafter, the matter was
referred to the Court of learned L.A. Judge, West Tripura, under Section-18 of the
L.A. Act and thereafter, the learned L.A. Judge by its judgment dated 02.08.2023
enhanced the amount of award @ Rs.25,00,000.00 per kani.
[4] Being aggrieved by and dis-satisfied with the judgment and award
dated 02.08.2023 passed in Misc (LA) 215 of 2015 by the learned Land
Acquisition Judge, Sepahijala District, Bishalgarh, Tripura, the appellant has
preferred the instant appeal.
[5] At the threshold, Mr. B. Majumder, learned DSGI, appearing for the
appellant herein, has represented before this Court that the point involved in this
appeal is already covered by this Court wherein, the learned Court below without
framing the issue for examining the title deed and mark them as exhibit and not
appreciating the ownership on the strength of the said document only relied upon
the revenue entries i.e. the Khatian, awarded the compensation.
[6] 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.
[7] In view of the above observation, this Court is of the opinion that the
present matter be remanded back by setting aside the impugned order dated
02.08.2023 passed by the learned Court below. The Court below 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 him to be the
lawful owner of the land in question by placing title deed, if any. The claimant is
also at liberty to adduce any other relevant documents in support of his claim.
[8] 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 ANJAN GHOSH
GHOSH 17:06:57 +05'30'
