Tripura High Court
The Deputy Chief Engineer (Con-2) And ... vs Sri Haradhan Majumder And Another on 10 July, 2025
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
LA.App No. 18 of 2025
The Deputy Chief Engineer (Con-2) and another
...........Appellant(s).
Versus
Sri Haradhan Majumder and another
...................Respondents
For the Appellant(s) : Mr. Bidyut Majumder, Dy. SGI.
For the Respondent(s) : Mr. Sudipta Sekhar Debnath,Adv.
Mr. Manoj Debnath, Advocate.
BEFORE
HON'BLE JUSTICE DR. T. AMARNATH GOUD
ORDER
10.07.2025
[1] This present appeal has been filed under Section 54 of
the Land Acquisition Act, 1894, against the judgment and award
dated 10.10.2023 passed in CM (L.A.) 96 of 2022 by the learned
Land Acquisition Judge, South Tripura, Sabroom.
[2] The case in brief is that, as per the requisition of the
appellant, the land of the respondent-claimant, was acquired by
the respondent no.2 i.e. the Land Acquisition Collector, South
Tripura, vide notification dated 07.01.2013 for construction of
'New Railway line from Agartala to Sabroom'. Accordingly, the L.A.
Collector, South Tripura, Sabroom, has awarded the compensation
@ Rs. 1,75,000/- per kani for the acquired land. Thereafter, being
aggrieved by the amount of compensation, the respondent, filed
an application under Section 18 of the L.A. Act, 1894, for referring
the matter to the L.A. Judge, South Tripura, Sabroom, and,
accordingly, the same was referred to the court of learned L.A.
Judge, South Tripura, Sabroom. Subsequently, the learned L.A.
Judge, South Tripura, Sabroom, after hearing both the parties, by
its judgment dated 10.10.2023 has allowed the claim petition
enhancing the award of compensation. Hence, this present appeal
has been filed before this Court challenging the said impugned
enhanced amount seeking following reliefs:
"(i) Admit the instant appeal;
(ii) Issue notice upon the respondents to show cause as to why
the impugned judgment/award dated 10.10.2023 passed in CM
(L.A.) 96 of 2022 by the learned L.A. Judge, South Tripura,
Belonia shall not be set-aside;
(iii) Call for the records of case no CM (L.A.) 96 of 2022 from the
court of the learned L.A. Judge, South Tripura, Sabroom.
AND
(iv) After hearing both the sides may kindly set aside the
impugned judgment and award dated 10.10.2023 passed in CM
(L.A.) 96 of 2022by the learned L.A. Judge, South Tripura,
Sabroom........."
[3] Heard the submissions made on behalf of the appellant
at the Bar. It is brought to the notice of this Court 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.
[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 and award dated 10.10.2023 passed in CM (L.A.) 96 of 2022
by the learned Land Acquisition Judge, South Tripura, Sabroom,
and, accordingly, the same is ordered. 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 claimant(s) shall also produce any
such document claiming him/them to be the lawful owner(s) of the
land in question by placing title deed, if any. The claimant(s)
would also be at liberty to adduce any other relevant documents
supporting the claim. Once the documents are placed on record,
the Court shall expedite the matter.
[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 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 GHOSH Digitally signed by SABYASACHI GHOSH
Date: 2025.07.14 16:30:23 +05'30'
