Tripura High Court
The Deputy Chief Engineer ... vs Smt. Sumati Das @ Sumita Das on 30 January, 2025
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
LA.App No. 22 of 2024
The Deputy Chief Engineer (Construction -II)
N.F. Railway, Agartala, West Tripura
...........Appellant.
Versus
1. Smt. Sumati Das @ Sumita Das.
W/o- Tapan Das, Resident of Village Sarashima, P.O Sarashima,
P.S Belonia, District- South Tripura Late Ganga Charan Debnath
2. Sri Tapan Das, Resident of Village
Sarashima, P.O Sarashima, P.S Belonia, District South
Tripura.
..........Respondent-Claimants.
3. The Land Acquisition Collector, South Tripura, Belonia.
----- Respondent.
For the Appellant(s) : Mr. B. Majumder, Dy.SGI.
For the Respondent(s) : Mr. S.S. Debnath, Advocate.
Date of hearing
& delivery of
Judgment & Order : 30/01/2025
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. B. Majumder, learned Dy. SGI appearing for
the appellant. Also heard Mr. S.S Debnath, learned counsel
appearing for the claimant-respondent No.1.
[2] This present appeal has been filed under Section 54 of
the Land Acquisition Act, 1984, against the judgment and order
dated 25.01.2023 passed in L.A (Ref) No.06 of 2020 by the
Learned Land Acquisition Judge, South Tripura, Belonia.
[3] The case in brief is that, as per the requisition of the
Appellant the land of the respondent-claimant, here-in-after
referred to as the respondents, situated under Mouja-Sarashima,
Sub-Division-Belonia, recorded in Khatian no.2010, C. S. Plot No.
1433/6425/p land measuring 0.22 acres, of land was acquired by
the respondent no.2 i.e. the Land Acquisition Collector, South
Tripura, Belonia vide notification dated 06.07.2011 for construction
of New Railway line from Agartala to Sabroom. Accordingly, the
L.A. Collector, South Tripura, Belonia, has awarded the
compensation @ Rs. 5,50.000.00 per kani. That, thereafter the
matter was referred to the court of learned L.A. Judge, West
Tripura, under Section 18 of the L.A. Act thereafter, the L. A. Judge
by its judgment dated 25.01.2023 enhanced the amount of award
@ Rs. 7,50,000.00 per kani.
The relevant portion of the judgment and award dated
25.01.2023 in LA (Ref) No. 06 of 2020 is extracted hereunder:
"AWARD
11. The claimants shall get compensation for the acquired
land at the enhanced rate @ Rs.7,50,000/- (Rupess Seven
lakhs fifty thousand) perkani. The claimants shall also get
compensation in enhanced rate @ Rs.10,000/- per Rubber
tree for 4 Nos. of 10 years old Rubber trees and @ Rs.300/-
per Rubber trees for 10 Nos. of 1 year old Rubber trees. The
claimants are also entitled to all other admissible statutory
benefits. The claimants will also get Rs. 1000/- as cost under
section 27 of the Act. The Opposite Parties are liable to make
the payment......"
[4] Being aggrieved and dissatisfied with the award dated
25.01.2023 passed in Misc L.A (Ref) No.06 of 2020 by the
Learned Land Acquisition Judge, South Tripura, Belonia ,the
appellant herein approached this court seeking the following
reliefs:-
"i. Admit the instant appeal.
ii. ii) Issue notice upon the respondents to show cause as to why
the impugned judgment/award dated 25.01.2023 passed by the
learned L.A. Judge, South Tripura, Belonia shall not be set-aside;
(iii) Call for the records of case no. L.A. (Ref) 06 of 2020 from the
court of the learned L.A. Judge, South Tripura, Belonia.
AND
(iv) After hearing both the sides may kindly set aside the
impugned judgment and award dated 25.01.2023 passed in L.A.
(Ref) 06 of 2020 by the learned L.A. Judge, South Tripura,
Belonia.
AND
(v) Pass any other order/orders and/or direction/ directions as
may deem fit and proper having regard to the facts and
circumstances of the case......"
[5] 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.
[6] 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 25.01.2023 passed in L.A (Ref) No.06 of 2020 by the
Learned 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.
[7] 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.
[8] 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
Date: 2025.01.31 16:00:14 +05'30'
GHOSH
