Tripura High Court
Nbcc (India) Limited vs The Land Acquisition Collector on 17 November, 2025
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 2
HIGH COURT OF TRIPURA
_A_G_A_R_T_A_L_A_
L.A. App. No.02 of 2025
1. NBCC (India) Limited, (Formerly known as National Buildings Construction
Corporation Ltd.) represented by its Chairman-cum-Managing Director NBCC
Bhawan, Lodhi Road, New Delhi.
2. The Deputy General Manager, NBCC (India) Limited Jackson Gate Building,
Agartala, P.S. East Agartala, District: West Tripura.
.....Appellants
_V_E_R_S_U_S_
1. The Land Acquisition Collector, South Tripura, Belonia.
.....Respondent-opposite party
2. Sri Subodh Nath, S/O late Jagadish Chandra Nath, Vill-Kalinagar, (Aryya Samaj),
P.O. & P.S. Belonia, Sub-Division-Belonia, District- South Tripura, PIN-799155
.....Respondent-referring claimant
For Appellant(s) : Mr. K. K. Pal, Advocate.
For Respondent(s) : Mr. T. D. Majumder, Sr. Advocate
Ms. R. Debbarma, Advocate.
HON'BLE JUSTICE DR. T. AMARNATH GOUD
_F_I_N_A_L_O_ R_ D_ E_ R_
17.11.2025
Heard.
[2] This is an appeal filed under Section-54 of the Land Acquisition Act,
1894 against the judgment and award dated 26.04.2022 in case No. L.A. (Ref.)122
of 2019 passed by the learned Land Acquisition Judge, South Tripura Judicial
District, Belonia.
[3] The appellant has prayed for the following reliefs:
"(a) To admit the appeal.
(b) To send for records of case No. L.A. (Ref.)122/2019 from the file of Ld.
Land Acquisition Judge, South Tripura, Belonia.
(c) To issue notice upon the respondents.
(d) Upon hearing the parties Your Lordship may set aside the impugned
judgment and award dated 26.04.2022 in case No. L.A. (Ref.) 122/2019 passed
by the Ld. Land Acquisition Judge, South Tripura Judicial District, Belonia."
[4] The facts in brief are that the learned L.A. Collector, South Tripura
under Section-18 of the L.A. Act acquired the land of the referring claimant for
construction of Indo Bangla Boarder Fencing work for National interest of security
and peaceful enjoyment Indian Nation. The L.A. Collector, South Tripura
determined the value of the acquired land @15,00,000/- per kani. Thereafter, the
matter referred under Section-18 of the L.A. Act before the learned L.A. Judge and
the learned L.A. Judge enhanced the value of the land from Rs.15,00,000/- to
Rs.74,41,860/- per kani without assigning any justified reasons. The NBCC has
challenged the said impugned enhanced amount by preferring L.A. Appeal before
this Court.
[5] This Court in identical appeals under the Land Acquisition Act has
taken a view that since, the issue of ownership was not decided framing any
separate issue for proving the title and the ownership, this Court remanded all such
matters to the concerned authority.
[6] Accordingly, this matter also needs to be remanded back to the
concerned Court. Since, the issue was not framed by the learned Court below
regarding title and ownership of the claimants. Accordingly, the order of the
learned Court below dated 26.04.2022 stands set aside and the appeal is remanded
back to the Court below 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.
[7] It is needless to observe that in the event, if the land in question is
acquired pertaining to the landlord, he would be entitled for fair and even a
generous compensation in a given circumstances, 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, the appeal is remanded
back and accordingly, the same is disposed of. As a sequel, miscellaneous
application(s) pending, if any, shall stand closed.
DR.T. AMARNATH GOUD, J
A. Ghosh
ANJAN GHOSH Digitally signed by ANJAN GHOSH
Date: 2025.11.20 16:45:06 +05'30'
