Citation : 2025 Latest Caselaw 619 Tri
Judgement Date : 5 March, 2025
HIGH COURT OF TRIPURA
AGARTALA
L.A. App.44 of 2024
Shri Ranjit Paul
......... Appellant(s)
Versus
The State of Tripura and others
.............. Respondent(s)
For Appellant(s) : Mr. Sankar Kr. Deb, Sr. Advocate
Mr. Saugat Datta, Advocate
Mr. Bidesh Debnath, Advocate
For Respondent(s) : Mr. Bidyut Majumder, Dy. SGI.
Mr. M. Debbarma, Addl. G.A.
Mr. K. De, Addl. G.A.
Date of hearing and delivery
of judgment and order : 05.03.2025.
Whether fit for reporting : No.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
JUDGMENT & ORDER (ORAL)
The present appeal is filed seeking the following reliefs:
I) Admit this appeal,
II) Call for records,
III) Issue Notice upon the respondents; and
IV) After hearing the parties be pleased to allow the appeal determining the enhances
compensation or market value as claimed herein above......."
[2] When the case is called, Mr. S. Deb, learned senior counsel for the
appellant, in all fairness, has submitted that the compensation amount which
has been awarded is received by the claimant(s) and now the matter is only
with regard to enhancement and for that purpose, an application has been
filed by the appellant to adduce further evidence before this Court.
[3] Upon hearing the above submission made on behalf of the
appellant, this Court is of the view that since the matter has come up for
enhancement of awarded amount, in the light of the documents presently filed
claiming right, title and interest over the acquired land, it is not open for this
Court to examine the matter and to mark them as exhibits. All these issues
can be looked into by the trial Court at the time of deciding the case by
framing issues. Accordingly, the matter is remanded back to the learned trial
court for fresh adjudication. The Court below shall re-examine the matter by
giving opportunity to both sides for filing relevant documents and also for
framing additional issues while considering the case of the claimant. The
claimant shall also produce documents with regard to his alienable right, title
and interest. He is also at liberty to adduce any other relevant documents
supporting his claim.
The concerned authority is directed to decide this matter
examining all such documents to be filed by the claimant, at the earliest on
priority basis.
[4] 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 SABYASACHI GHOSH
GHOSH +05'30'
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