Tripura High Court
The Managing Director vs ) Sri. Sujit Dey on 3 November, 2025
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
LA.App No. 28 of 2025
The Managing Director, TIDC, Industry Building, 3rd Floor, Gurkhabasti,
Police Station: New Capital Complex, District: West Tripura
...........Appellant(s).
Versus
1) Sri. Sujit Dey,
2) Sri. Manik Dey, Both are S/o- Late Niranjan Dey,
3) Smt. Kanika Dey, D/o Late Niranjan Dey.
All are residents of R. K. Nagar, P.S- Bodhjungnagar,
P.O. - Khas Noagaon, District- West Tripura.
.........Respondents.
5) The Land Acquisition Collector,
West Tripura, P.O- Agartala, P.S. - West Agartala,
District- West Tripura, Pin-799001.
........................Pro-forma-Respondent.
For the Appellant(s) : Mr. B.N. Majumder, Sr. Advocate
Mr. Rajib Saha, Advocate
For the Respondent(s) : Mr. Uttam Kumar Majumder, Advocate
Mr. Sankar Lodh, Advocate
Mr. D. Goswami, Advocate
BEFORE
HON'BLE JUSTICE DR. T. AMARNATH GOUD
ORDER
03/11/2025
[1] Heard learned counsel appearing for the respective parties.
[2] This present appeal has been filed against the judgment and
award dated 04.08.2023 passed by the learned L.A. Judge, Court No.1,
West Tripura, Agartala in case No. MISC (L.A.) 11 of 2016.
[3] By filing the instant appeal, the appellant herein seeks for
the following reliefs:
"(a) Admit this appeal condoning the delay of 510 days.
(b) Call for the records pertaining to Case No. Misc. (L.A.) 11 of
2016, from the Ld. Court of Land Acquisition Judge (Court No. 1),
West Tripura Judicial District, Agartala,
(c) Pass an order for preparation of paper book,
(d) In the interim be kind enough to stay the impugned Judgement
and award dated 04.08.2023, Case No. CIVIL MISC (L.A.) 11 of
2016, pending disposal of the appeal;
(e) After hearing the parties, be kind enough to set aside the
Judgement dated 04.08.2023, Case No. MISC (L.A.) 11 of 2016,
for the fair ends of justice. ..... ......... ..............."
[4] Mr. R. Saha, learned counsel on behalf of the appellant
submits before this Court that learned LA Judge passed the award in the
higher side with higher interest and did not consider the land value of
the properly and more so, the claimant(s) had not adduced any
documentary evidence to prove that they are the owner and possessor of
the acquired land or they were having right, title, interest over the
acquired land. He, therefore, urges this Court to set aside the impugned
judgment and award dated 04.08.2023 passed by the learned L.A. Judge,
Court No.1, West Tripura, Agartala in case No. MISC (L.A.) 11 of
2016.
[5] Upon hearing the submissions made at the Bar and on
perusal of record, this Court is of the view that the matter pertains to
payment of compensation and in identical appeals under Land
Acquisition Act, this Court has taken a view that since, the issue of
ownership needs to be decided framing any separate issue for proving
the title and the ownership, all such matters be remanded back to the
concerned LA Judge for fresh adjudication. This Court is of the opinion
that if the possession of a person is not backed by a legal title or formal
tenancy, he will not be entitled to compensation for the land itself.
Accordingly, this matter also needs to be remanded back to the trial
Court since, the issue was not framed by the learned trial Court
regarding title and ownership of the claimant(s). Accordingly, order of
the Court below dated 04.08.2023 is set aside and the appal is remanded
back to the trial Court for reconsideration of the matter by framing an
issue on the point of title deed and to decide the ownership and
thereafter, pass an award in accordance with law.
[6] 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/her/them to be the
lawful owner of the land in question by placing title deed, if any. The
claimant(s) is/are also at liberty to adduce any other relevant documents
supporting the claim. Once the documents are placed on record, the
Court shall expedite the matter.
[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 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 GHOSH
Date: 2025.11.07 16:42:14 +05'30'
