Sri Sibayan Ch. Das & Another vs The In-Charge Hr-Er
2025 Latest Caselaw 283 Tri

Tripura High Court

Sri Sibayan Ch. Das & Another vs The In-Charge Hr-Er on 10 January, 2025

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                       HIGH COURT OF TRIPURA
                             AGARTALA
                            CRP No.94 of 2024
Sri Sibayan Ch. Das & another
                                                             .........Petitioner(s);
                                 Versus
The In-Charge HR-ER, Tripura Asset ONGC & another
                                                           .........Respondent(s).

CRP No.95 of 2024 Sri Shyam Lal Das & another .........Petitioner(s);

Versus The In-Charge HR-ER, Tripura Asset ONGC & another .........Respondent(s).

For Petitioner(s) : Mrs. S. Deb (Gupta), Advocate, Ms. Rumpa Dey, Advocate.

For Respondent(s) : Mr. Soumen Saha, Advocate. HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH

Order 10/01/2025

In the Counter Affidavit, the respondents have taken a stand that

the matters relate to temporary occupation under Section 35 under Part VI of

the Land Acquisition Act, 1894 in course of which certain trees were felled.

Therefore, the principle of Section 34 under Part V sought to be invoked by the

petitioners is misconceived. The learned Court has rightly granted interest from

the date of the award passed by learned LA Court.

Mrs. S. Deb (Gupta), learned counsel for the petitioners, on the

other hand submits that the occupation may be temporary but in the process,

trees have been felled and compensation has been computed on the damage to

the trees where the principles of Section 23 of the Land Acquisition Act, 1894

would apply. Therefore, interest is to be computed on the enhanced

compensation from the date of the original award or the cutting of the trees and

not from the date of the judgment or award passed by learned LA Judge.

Learned counsel for both the parties seek time to come prepared on

this legal issue.

List both the matters on 24.01.2025.

(APARESH KUMAR SINGH), CJ

Pijush/

DIPESH DEB Date: 2025.01.10 16:20:40