Tripura High Court
Nbcc (India) Limited vs The Land Acquisition Collector And ... on 17 January, 2025
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
L.A. App.11 of 2024
NBCC (India) Limited, (Formerly known as National
Building Construction Corporation LTD) and another,
......... Appellant(s)
Versus
The Land Acquisition Collector and others
.............. Respondent(s)
For Appellant(s) : Ms. P. Murasingh, Advocate.
For Respondent(s) : Mr. P.S. Roy, Advocate.
Date of hearing and delivery
of judgment and order : 17.01.2025.
Whether fit for reporting : Yes/No.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
JUDGMENT & ORDER (ORAL)
The present appeal is filed under Section 54 of the Land
Acquisition Act, 1894 against the judgment and award dated 29.11.2021 in
cae NO. L.A.(Ref) 98 of 2019 passed by the learned Land Acquisition Judge,
South Tripura Judicial District, Belonia.
[2] When the case is called, Ms. P. Murasingh, learned counsel on
behalf of Mr. K.K. Pal, learned counsel for the appellants is present. Mr. P.S.
Roy, learned counsel for respondent No.1 (LA Collector) is also present. No
representation has been made on behalf of the claimant-respondents.
[3] It is represented by the learned counsel appearing for the parties
that the subject-matter involved in the present appeal is squarely covered by
the order dated 05.09.2024 passed by this Court in LA App.72 of 2023
wherein, it has been observed that the Court blow has not framed any issue
on the point of title-deeds and unless the title of the claimant is established on
the strength of title-deeds, one cannot claim any compensation. The khatians
which were relied upon for awarding compensation to the claimants are only
the entries in revenue records and on the strength of those khatians, it cannot
be said that the persons in possession claiming the compensation are the real
owners having alienable rights.
[4] In view of the above, this Court is of the view that the present
matter be remanded back by setting aside the impugned order dated
29.11.2021 passed by 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
claimants shall also produce any such document claiming them to be the
lawful owners of the land in question by placing title deeds, if any. The
claimants are also at liberty to adduce any other relevant documents
supporting their claim.
[5] 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.
[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
Sabyasachi. G.
SABYASACHI Digitally signed by SABYASACHI
GHOSH
GHOSH Date: 2025.01.20 14:41:35 +05'30'
