Tripura High Court
Sri Satya Ranjan Debnath And 2 Others vs The State Of Tripura & 8 Ors on 6 March, 2025
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 3
HIGH COURT OF TRIPURA
_A_G_A_R_T_A_L_A_
WP(C) No.123 of 2025
Sri Satya Ranjan Debnath and 2 Others
.....Petitioners
_V_E_R_S_U_S_
The State of Tripura & 8 ors.
.....Respondents
For Petitioner(s) : Mr. D. Deb, Advocate.
Mr. S. Sarkar, Advocate.
For Respondent(s) : Mr. B. Majumder, Deputy SGI.
Mr. P. Gautam, Sr. G.A.
Mr. K. Debbarma, Advocate.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
_F_I_N_A_L_O_ R_ D_ E_ R_
06.03.2025
Heard.
[2] The present petition has been filed under Article-226 of the
Constitution of India directing the respondents for providing compensation to the
petitioners and proforma respondents for the illegal occupation, damage and
causing obstruction in using the rest of the land of the petitioners and pro-forma
respondents beyond acquisition since the period of acquisition of the part of the
said land in the year 1999 for the purpose of construction of RCC Bridge over the
river Howrah and approached road at Khayerpur, Agartala, connecting the Assam-
Agartala Road with by-pass road in consideration of the protection of the
fundamental rights of the petitioners under Articles-14, 16, 19 and 21 of the
Constitution of India
[3] The facts in brief are that, The respondent No.4, the L.A. Collector,
West Tripura, Agartala on 09.03.1999 acquired the land of the petitioners
measuring 0.25 acres out of the total land measuring 0.67 acres under Hal Plot Nos.
615 & 616 of Khatian No.983 at Mouja Briddhanagar for approach road of the
RCC Bridge over river Howrah connecting bypass road. The petitioner No.6 made
the representation on 15.06.2010 to the respondent No.4 demanding compensation
for damaging the rest land measuring 42 acres under Hal Plot No.615(P) for
construction of the said RCC Bridge over river Howrah & approached road. The
petitioner No.6 made another representation dated 11.10.2010 to respondent No.4
with the prayer for awarding compensation or to return back the possession of the
land measuring 0.36 acres of the Petitioners under unauthorized occupation of the
respondents beyond the acquired land. The L.A. Collector, West Tripura, Agartala,
by the letter dated 23.11.2010 instructed the petitioner No.6 to approach before the
Executive Engineer, PWD, Jirania Division, the respondent No.5 with her
legitimate Claim.
[4] Having no other alternative after several persuasions with the
Respondent no.5, the Petitioners preferred Writ Petition before this Hon'ble High
Court of Tripura out of which case no. WR(C) 431/2016 was registered. The
Hon'ble High Court passed the Judgment & Order dared 06.04.2017 directing the
respondent No.4, the L.A. Collector West Tripura, Agartala to ascertain as to
whether the land of the petitioners were given damage for segregation of the land
measuring 0.36 acres has been come in assessable for use. Some of the petitioners
made further representation on 17.07.2018 to the respondent Nos. 3 & 4 for making
a field enquiry as per the order passed in WP(C) 431/2016. The field enquiry report
dated 29.08.2018 was submitted to the respondent No.4 where the land measuring
0.36 acres out of 0.42 acres of land plot no. 615 of Khatian No. 983 is under
occupation of PWD, 0.035 acres has been broken & drawn by Howrah River and
the rest 0.025 acres is lying vacant under occupation of the Petitioner. The
Respondent no.4, the L.A. Collector issued memorandum dated 12-06-2019 for
further Field enquiry. The field enquiry report dated 06-08-2019 submitted by the
Surveyors jointly. Despite of several reports the respondent No.4 neither acquired
nor vacated the land of the petitioners. Having no other alternative on 13.04.2023
the petitioners have filed the writ petition out of which the case no. WP(C)
343/2022 was registered.
[5] On 21.06.2023 this Court disposed off the case vide No. WP(C)
343/2022 as the learned senior counsel appearing for the State respondents
submitted before the Court that some part payment has already been made and
some disputed amounts in view of the measurement of the land are yet to be paid
and directed the District Collector to look into the matter personally and to resolve
the issue within a period of 2 months. The respondent No.5 on 07.11.2022 issued
the letter along with the calculation sheet for making the payment of Rs. 7,20,684/-
for the land measuring 0.035 acres only. The petitioners & the pro-forma
respondent No.6 on 10.11.2022 submitted the beneficiary details & subsequently
payment of Rs. 7,20,684/- was made. Thereafter the petitioners preferred writ
petition being WP(C) No. 552/2023 and the Court by the judgment & order dated
01.09.2023 directed the petitioners to file a detailed representation before the
respondents regarding their claim. Accordingly the petitioners through their
advocate on 29.1.2024 made detailed representation to the respondents where the
respondent No.5 through the GP, West Tripura by the reply dated 02.04.2024
denied the claim of the petitioners.
[6] Being aggrieved by and dissatisfied with the same, the petitioners
have filed the present petition before this Court for redress.
[7] In view of above and having heard the learned counsel appearing for
the parties, without expressing any opinion on merits, this Court is of the view that
ends of justice would be met if the matter is disposed of by directing the
respondents to consider the case of the petitioner in accordance with law by
applying the mind and pass a reasoned order, as expeditiously as possible
preferably within a period of two months from the date of the receipt of the copy of
this order and accordingly, the same is ordered. It is further more clear that at the
time of passing an appropriate order with regard to the right title and interest and
the ownership, relevant documents have to be placed on record as khatian cannot
be treated as title. However, it is made clear that whatever the decision is taken by
the concerned respondents, the same may be communicated to the petitioners.
[8] In that view of the matter, the present petition stands disposed of. As
a sequel, miscellaneous application pending, if any, shall stand closed.
T. AMARNATH GOUD, J
A. Ghosh
ANJAN GHOSH Digitally signed by ANJAN GHOSH
Date: 2025.03.16 13:23:54 +05'30'
