[Cites 2, Cited by 0]
Tripura High Court
The Deputy Chief Engineer (Con-2) vs Sri Pata Kumar Tripura on 9 April, 2026
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
LA App.85 of 2025
The Deputy Chief Engineer (Con-2),
N.F. Railway, Agartala, West Tripura
...........Appellant -Opposite Party(s)
Versus
1. Sri Pata Kumar Tripura,
S/o. Late Niradhan Tripura,
2. Smt. Pata Laxmi Tripura,
W/o. Late Niradhan Tripura,
3. Smt. Ramalaxmi Tripura,
D/o. Late Niradhan Tripura,
4. Sri Sanjit Tripura,
S/o. Late Niradhan Tripura
5. Sri Prasenjit Tripura
S/o. Late Niradhan Tripura
6. Smt. Kabita Tripura
D/o. Late Niradhan Tripura,
All are legal heirs of late Niradhan Tripura, resident of Manubazar, P.O. & P. S.
Manubazar, Sub-Division-Sabroom, District-South Tripura-799143.
...Respondent-Claimant(s)
7) Land Acquisition Collector, South Tripura, Belonia.
.........Respondent(s)
For Appellant(s) : Mr. Bidyut Majumder, Dy.SGI
For Respondent(s) : Mr. P. Gautam, Sr. G.A.
Mr. Kohinoor N. Bhattacharya, G.A.
Mr. Tapash Datta Majumder, Sr.Adv.
Mr. Dalit Kalai, Advocate
Mr. Keneth L. Debbarma, Advocate
Ms. Budhimika Kaipeng, Advocate
Ms. Shiphang Rani Kaipeng, Advocate
Page 2 of 3
HON'BLE JUSTICE DR. T. AMARNATH GOUD
ORDER
09.04.2026
[1] Heard learned counsel for both the sides.
[2] This appeal has been filed under Section 54 of the Land
Acquisition Act, 1894 against the judgment and award dated 11.10.2023
passed in case No. CM L.A. 33 of 2022 seeking the following the
reliefs:-
"(i) Admit the instant appeal;
(ii) Issue notice upon the respondents to show cause as to why the
impugned judgment/award dated 11.10.2023 passed in CM L.A. 33
of 2022 by the learned L.A. Judge, South Tripura, Sabroom shall not
be set-aside;
(iii) Call for the records of case no.CM. L.A. 33 of 2022 from the
court of the learned L.A. Judge, South Tripura, Sabroom.
AND
(iv) After hearing both the sides may kindly set aside the
impugned judgment and award dated 11.10.2023 passed in CM L.A.
33 of 2022 by the learned L.A. Judge, South Tripura, Sabroom; ......
........ ........................"
[3] It is represented by Mr. Bidyut Majumder, learned Dy.
SGI on behalf of the appellant that in similarly situated bunch of
matters, this Court has observed that those matters be remanded back to
the learned trial Court for fresh adjudication since ownerships of the
claimants were not established and issue was not framed separately on
the point of ownership/title-deed of the claimant(s).
[4] In view of the submissions made on behalf of the appellant,
this Court opines that since the case in hand pertains to payment of
compensation and in identical appeals under Land Acquisition Act
where issue of ownership was not decided framing any separate issue
for proving the title and the ownership, were remanded back to the
concerned LA Judge for re-examination on the point of ownership/title
deed of the claimants, accordingly, this matter also needs to be
remanded back to the trial Court for the same reason.
[5] Hence, since the issue was not framed by the learned trial
Court regarding title and ownership of the claimants, accordingly, the
lower Court's order dated 11.10.2023 is set aside and the matter is
remanded back to the learned trial Court for reconsideration by framing
an issue on the point of title deed and to decide the ownership and,
thereafter, to pass an award in accordance with law. Both the parties
would be at liberty to place relevant documents, if any, in support of
their respective submissions before the concerned Court for
consideration by filing appropriate application(s).
[6] It is needless to observe that in the event, if the land is
acquired pertaining to the landlord, he would be 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.
[7] With the above observation and direction, the matter is
remanded back and accordingly, the instant appeal is disposed of. As a
sequel, miscellaneous application(s) pending, if any, shall also stand
closed.
DR. T. AMARNATH GOUD, J
Sabyasachi G.
SABYASACHI GHOSH GHOSH
Date: 2026.04.13 15:48:40 +05'30'
