Smt. Malabika Pal (Majumder) vs Union Of India
2026 Latest Caselaw 351 Tri

Tripura High Court

Smt. Malabika Pal (Majumder) vs Union Of India on 6 February, 2026

Author: T. Amarnath Goud

Bench: T. Amarnath Goud

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                               HIGH COURT OF TRIPURA
                                      AGARTALA
                                    IA NO.01 OF 2026
                                 IN WP(C) NO.72 OF 2026

        Smt. Malabika Pal (Majumder)
        W/o Shri Pranab Majumder,
        R/o Dhaleswar Road No. 18,
        West Tripura District, Tripura -799007.
                                                           ....... Applicant(s)
                                  Vs .
        1. Union of India,
        Represented by the Secretary,
        Ministry of Road Transport and Highways, Transport Bhawan, 1,
        Parliament Street, New Delhi-110001.

        2. The District Magistrate & Collector,
        West Tripura District, Agartala.
        Having office at Akhaura Road, P.O. Agartala,
        West Tripura.

        3. The Competent Authority (Land Acquisition), NH-08, Office of the
        District Magistrate & Collector, West Tripura District, Agartala.

        4. The Sub-Divisional Magistrate, Jirania Sub Division, P.O. Jirania,
        West Tripura District.

        5. The Project Director, National Highways & Infrastructure
        Development Corporation Limited (NHIDCL), Tripura Project
        Implementation Unit, Agartala.

        6. Bharat Petroleum Corporation Limited, Represented by its Territory
        Manager (Retail), Guwahati Regional Office, Guwahati, Assam
                                                         ........ Respondent(s)

Present:-

For the Applicant(s) : Mr. T. Datta Majumder, Sr. Advocate.

Mr. D. Kalai, Advocate.

Mr. K. C. Debbarma, Advocate.

Ms. S. Rani Kaipeng, Advocate.

Ms. B. Debbarma, Advocate.

Ms. B. Kaipeng, Advocate.

For the Respondent(s) : Mr. Kohinoor N. Bhattacharjee, G.A. Mr. B. Majumder, Deputy SGI.

HON'BLE JUSTICE DR. T. AMARNATH GOUD Order 06.02.2026

1. Heard Mr. T. Datta Majumder, learned Sr. Counsel, assisted by Ms. S. R. Kaipeng, learned Counsel appearing for the applicant, as well as Mr. B. Majumder, learned Deputy SGI appearing for the Union-respondent, and Mr. Kohinoor N. Bhattacharjya, learned G.A. appearing for the State- respondents.

2. This present interlocutory application has been filed under Chapter-VIII-A (3)(g) of the High Court of Tripura Rules, 2023, read with Article 226 of the Constitution of India, read with Section 151 of the Civil Procedure Code, 1908, for interim relief, seeking stay of operation of the minutes of meeting dated 27.01.2026.

3. It is the case of the applicant that, without following the provisions under the Land Acquisition Act and despite there being an order from this Court to consider his representation, the respondents, while considering the representation, are still proceeding further to acquire the land under the pretext that any exemption to the request of the applicant cannot be done, as the road alignment was not feasible, and even granting exemption of the applicant's proposed land was also not feasible. As presumed by the petitioner, the respondents are proceeding against the applicant's property for acquiring the same physically as well as on papers. Since there was an order of status quo by this Court by virtue of an order dated 05.09.2024, the property of the petitioner till date is protected.

4. It is seen from the above that the balance of convenience is in favour of the applicant. In view of the same, there shall be an interim stay of all further proceedings in pursuance of evicting the applicant from the land which is in his possession.

5. Learned G.A., appearing for the State-respondents, submits before this Court that in pursuance of the order passed by this Court, hearing has already taken place, and after receiving his objections and considering his

documents, at any moment, decision would be taken in this regard. For the present, it has become a premature stage to decide the case, and he prays to reject the prayer made by the applicant.

6. Appreciating the submission made by the learned G.A., this Court directs him, if so desired, to come up with a vacate-stay application and also file a counter affidavit as expeditiously as possible. Till then, the stay shall operate in favour of the applicant.

7. Accordingly, with the above direction and observation, this present interlocutory application stands disposed of.

DR. T. AMARNATH GOUD, J

Suhanjit

RAJKUMAR Digitally signed by RAJKUMAR SUHANJIT SUHANJIT SINGHA Date: 2026.02.11 16:24:04 SINGHA +05'30'