Tripura High Court
Nbcc (India) Limited vs The Land Acquisition Collector And ... on 14 February, 2025
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
LA.App No. 10 of 2024
NBCC (INDIA) Limited, (Formerly known as National Building
Construction Corporation Ltd.)
...........Appellant.
Versus
The Land Acquisition Collector and another
...................Respondents
For the Appellant(s) : Mr. K.K. Pal, Advocate.
For the Respondent(s) : Mr. Samarjit Bhattacharjee, Advocate.
Date of hearing
& delivery of Judgment & Order : 14/02/2025
Whether fit for reporting : YES/NO
BEFORE
HON'BLE MR. JUSTICE T. AMARNATH GOUD
J U D G M E N T & O R D E R (Oral)
Heard Mr. K.K. Pal, learned counsel for the appellant.
Also heard Mr. Samarjit Bhattacharjee, learned counsel for the
claimant-respondent.
[2] This present appeal has been filed under Section 54 of
the Land Acquisition Act, 1894 against the judgment and award
dated 30-09-2022 in case No. L.A.(Ref) 123/2019 passed by the
learned Land Acquisition Judge, South Tripura Judicial District,
Belonia.
[3] The case in brief is that, the Land Acquisition Collector,
South Tripura under Section 18 of the L.A. Act, 1894 acquired the
land of the referring claimant for construction of Indo Bangla
Boarder Fencing work for National interest of security and peaceful
enjoyment Indian Nation. The L.A. Collector, South Tripura
determined the value of the acquired land @ Rs.15, 00,000/- per
kani. Thereafter, the matter referred U/s 18 of the L.A. Act, 1894
before the Ld. Land Acquisition Judge and according to the
appellant herein, the learned Land Acquisition Judge enhanced the
value of land from Rs.15,00,000/- to Rs.74,41,860/- per kani
without assigning any justified reasons. The NBCC has challenged
the said impugned enhanced amount by preferring the instant L.A.
appeal before this Court seeking following reliefs:
(a) To admit the appeal;
(b) To send for records of case No. L.A. (Ref) 123/2019 from the
file of Ld. Land Acquisition Judge, South Tripura Belonia
(c) To issue notice upon the respondents;
(d) Upon hearing the par ties Your Lordship may set aside the
impugned judgment and award dated 30-09-2022 in case No.
L.A. (Ref) 123/2019 passed by the Ld. Land Acquisition Judge,
South Tripura Judicial District, Belonia; ..............."
[4] Heard the submissions made at the Bar. It is brought
to the notice of this Court by the learned counsel for the parties
that there was no material placed before the Court below while
granting compensation and in similarly situated appeals, this Court
remanded back such matters to the Court below giving liberty to
the both sides to file relevant documents more particularly,
claimants were asked to file title deeds of the ownership
documents as khatians are only the revenue records and any
entries therein, cannot be treated as sale-deed on the strength of
which, it can be said that a person in possession claiming
compensation is the real owner having alienable rights. 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, this Court is of the view that the
present matter be remanded back by setting aside the impugned
order and award dated 30.09.2022 in case No. L.A.(Ref) 123/2019
passed by the learned Court of the Land Acquisition Judge, South
Tripura, Belonia. 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 claimants shall also produce any such document claiming
them to be the lawful owners of the land in question by placing
title deed, if any. The claimants are also at liberty to adduce any
other relevant documents supporting their claim. Once the
documents are placed on record, the Court shall expedite the
matter.
[6] It is needless to observe that in the event, if the land
is acquired pertaining to the landlord, he is entitled for fair and
even a generous compensation in a given circumstance, but unless
it is decided that the recipient of the claim-amount is holding a
valid alienable title, it cannot be said that he is entitled for
claiming the compensation. An unauthorized person cannot be paid
a single rupee from the public money.
[7] With the above observations and directions, 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
Sabyasachi G.
SABYASACHI Digitally signed by SABYASACHI
GHOSH
GHOSH Date: 2025.02.14 16:44:38 +05'30'
