Tripura High Court
Sri. Amar Jamatia vs The State Of Tripura on 15 September, 2025
Author: T.Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
WP(C) 501 of 2025
1. Sri. Amar Jamatia
S/O Lt. Ananda Kumar Jamatia, Resident of Khamar Bari, P.S-
Teliamura District- Khowai Tripura.
2. Sri. Pancha Manik Jamatia, 55 year
3. Smti Tribeni Jamatia, 42 years.
4. Smti Bibhu Jamatia 36year
5. Smti Jagat Jamatia 59 years
6. Smti Smriti Rani Jamatia 53 years
7. Smti Kanamlati Jamatia 50 years
8. Smti Jagat Kanya Jamatia 59 years,
All are sons and daughter of late Ananda Kr. Jamatia and late Lalita
Rani Jamatia, residents of village- Khamarbari, PS-Teliamura, P.O-
Hadrai, District- Khowai, Tripura state.
The petitioner Nos. 2 to 8 are represented through their Attorney Sri
Amar Jamatia, the petitioner No-1.
........... Petitioners
VERSUS
1. The State of Tripura
represented by the Secretary, Revenue Department, Govt. of Tripura,
Civil Secretariat, New Capital Complex, P.O- Kunjaban,799010, P.S-
New Capital Complex, West Tripura.
2. The District Magistrate & Collector,
Khowai District, P.O & PS- Khowai Tripura State.
3. The Land Acquisition Collector,
Khowai District, PO & PS - Khowai , Tripura State,
..........Respondents
For the Petitioner(s) : Mr. D. C. Roy, Advocate.
For the Respondent(s) : Mr. M. Debbarma, Addl. G.A.
BEFORE
HON'BLE JUSTICE DR. T. AMARNATH GOUD
ORDER
15.09.2025
[1] Heard learned counsel appearing for the respective parties.
[2] This present writ petition is filed under Article 226 of the
Constitution of India seeking the following reliefs:
"a. Admit this Writ Petition
b. Issue notice upon the respondents
c. Call for the records and
d. After hearing the parties be pleased to direct the respondents to pay
adequate compensation with 12% interest per annum to the petitioners for
acquisition of land.
e. And would be further pleased to refer the matter before the Land
Acquisition to determine the proper compensation.
AND/OR
f. To pass any other order/orders as your Lordship may deem fit and
proper."
[3] It is the case of the petitioners that the petitioners are the
survival legal heirs in respect of scheduled property, where the property
was originally in the name of their father and the said land was acquired
under the Land Acquisition Act, to which on 11.06.2018 at 11AM as
per the notice of the respondent, the petitioners appeared and it is stated
in the affidavit that they had no objection for said acquisition but
prayed for fair compensation to be paid. In this regard, it is their case
that since no compensation was made, and they filed Khatian and also
got issued a legal notice on 08.09.2023 and to which the respondents
have not acted upon to make any such payment.
[4] Admittedly, the petitioners are the legal heirs of their father
and they have also filed survival certificate enclosing Khatians and also
got issued legal notice seeking fair compensation .
[5] It is to be observed from the record and even from the
submission of the learned counsel of the petitioners that nowhere it is
stated that they are holding lawful alienable title and are having sale
deeds or proper document/judgment or decree obtained from the
concerned Court to say that they have legal alienable right and are
entitled for compensation for the said property.
[6] This Court in several matters has held that mere claiming
compensation on the strength of any Khatians does not confer any title.
In the event, if a person is occupying a land for prolonged period that
would only confirm right of possession through adverse possessions if
the competent Court of law gives a judgment to that effect.
[7] Here in this case, the petitioners have not made any such
claim before the respondents seeking compensation towards the
acquired land. In the absence of such, this Court is not ready to agree
with the argument of the learned counsel of the petitioners and this
Court declines to grant any relief in this regard for payment of
compensation.
[8] However, in view of the argument advanced by the learned
counsel of the petitioners that the respondents have not communicated
to the petitioners with regard to any such compensation that they have
decided after the land was acquired, this Court directs the respondents to
communicate their decision to the petitioners by addressing their legal
notice dated 08.09.2023 within a period of two months from the date of
receipt of the copy of this order in accordance with law.
[9] With the above observation and direction, this present writ
petition stands dismissed. As a sequel, miscellaneous application(s),
pending if any, shall stand closed.
DR. T.AMARNATH GOUD,J
Paritosh
SABYASAC SABYASACHI
GHOSH
HI GHOSH Date: 2025.09.19
13:41:08 +05'30'
