[Cites 1, Cited by 0]
Tripura High Court
The Deputy Chief Engineer (Con-2) vs Sri Arup Sarkar on 16 February, 2026
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
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HIGH COURT OF TRIPURA
AGARTALA
L.A. APP 59 OF 2025
The Deputy Chief Engineer (Con-2), NF Railway,
Agartala, West Tripura
----Appellant
Versus
1. Sri Arup Sarkar, son of lt. Brojendra Sarkar, resident of
Sukantapalli, P.O. + P.S. Manubazar, Sabroom, District-South
Tripura, Pin-799143.
2. Smt. Basubala Sarkar @ Basurani Sarkar, wife of lt.
Brojendra Sarkar, resident of Sukantapalli, P.O. + P.S. Manubazar,
Sabroom, District-South Tripura, Pin-799143.
3. Smt. Maya Sarkar, wife of lt. Krishnadhan Sarkar, resident
of Sukantapalli, P.O. + P.S. Manubazar, Sabroom, District-South
Tripura, Pin-799143.
4. Sri Hriday Sarkar, son of lt. Krishnadhan Sarkar, resident
of Sukantapalli, P.O. + P.S. Manubazar, Sabroom, District-South
Tripura, Pin-799143.
5. Sri Antar Sarkar, son of lt. Krishnadhan Sarkar, resident of
Sukantapalli, P.O. + P.S. Manubazar, Sabroom, District-South
Tripura, Pin-799143.
6. The Land Acquisition Collector, South Tripura, Belonia,
Pin-799155.
.... Respondents
For Appellant(s) : Mr. B. Majumder, Deputy SGI
For Respondent(s) : None
Date of hearing & delivery : 16.02.2026
of Judgment & Order
Whether fit for reporting : Yes / No
BEFORE
HON'BLE JUSTICE DR. T. AMARNATH GOUD
Judgment & Order (Oral)
This is an appeal preferred by the appellant being
aggrieved by the judgment and award dated 19.12.2023 passed
by the learned Land Acquisition Judge, South Tripura, Sabroom, in
case No. C.M.(L.A.) 117 of 2022. In filing the appeal, the appellant
has prayed for the following reliefs:
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"(i) Admit the instant appeal;
(ii) Issue notice upon the respondents to show cause as to why the impugned
judgment/award dated 19.12.2023 passed in CM (L.A.) 117 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.) 117 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 19.12.2023 passed in CM (L.A.) 117 of 2022 by the learned L.A. Judge,
South Tripura, Sabroom;
AND
(v) Pass any other order/orders and/or direction/ directions as may deem fit and
proper having regard to the facts and circumstances of the case.."
2. It is seen from the note of the Interlocutory application
that notices have been duly served upon the respondent-
claimants. Despite receipt of notice, there is no representation
from the respondent-claimants. Learned Deputy SGI, appearing
for the appellant has submitted that there is urgency in this
matter. Considering the above submission, the matter is taken up
for hearing in absence of the respondents.
3. Shortly stated, as per the requisition of the appellant,
the land of the claimant-respondents was acquired by the
respondent no.2 i.e. the Land Acquisition Collector, South Tripura,
vide notification dated 07.01.2013 for construction of 'New
Railway line from Agartala to Sabroom'. Accordingly, the L.A.
Collector, South Tripura, Sabroom, has awarded the compensation
@ Rs. 1,75,000/- per kani for nal class of land. Being aggrieved by
the amount of compensation, the respondent-claimants, filed an
application under Section 18 of the L.A. Act, 1894, for referring
the matter to the L.A. Judge, South Tripura, Sabroom, and,
subsequently, the same was referred to the court of learned L.A.
Judge, South Tripura, Sabroom. Thereafter the learned L.A. Judge,
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South Tripura, Sabroom, after hearing both the parties, by its
judgment dated 19.12.2023 has allowed the claim petition
enhancing the award of compensation at the rate of
Rs.14,40,000/- per kani and also awarded Rs.20,000/- for
severance of land. Challenging the same, the appellant is before
this Court.
4. It is the contention made by the learned counsel for the
appellant, that no title deed nor any document in support of the
claim has been placed on record, and without verifying the
ownership document, the awarded compensation has been
enhanced. Learned counsel further placed reliance on several
judgments passed by this Court wherein this Court in all matters
disposed of the appeals by setting aside the order passed by the
L.A. Judge remanding the same to the concerned Court directing
the L.A. Judge to reconsider the matter by framing an issue on the
point whether the claimants are owners of the subject lands and
did they prove their ownership by placing oral and documentary
evidence, and pass similar order by disposing of the appeal.
5. I have perused the entire record including the judgment
and award passed by the learned Tribunal.
6. It becomes immense necessary that the learned trial
court before considering that the claimant(s) is/are the owner(s),
ownership documents need to be examined and exhibited and
since the same is not on record, this court finds that the matter
needs re-examination. Accordingly, the matter is remanded back
to the learned trial Court directing the L.A. Judge to frame an
issue on the point of title deeds to decide the ownership and
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thereafter give an opportunity to both sides and decide the matter
by adducing evidences as per procedure. This Court is further of
the opinion that in the event if the land-owner is found to be
loosers of land in the process of acquisition, they are to be
appropriately compensated, but in the event, if the persons
claiming compensation fail to prove their ownership, they shall not
be paid a single rupee from the government exchequer, as no
unauthorized person is entitled for any bonanza.
7. In view of the above, the judgment and award dated
19.12.2023 passed by the learned L.A. Judge, South Tripura,
Sabroom, in case No. C.M.(L.A.) 117 of 2022, is set aside, and the
matter is remanded back to the learned trial Court directing to
reconsider the matter giving an opportunity to both sides for filing
all documents in terms of their title deeds and to adduce evidence
and proceed as per law.
8. Consequently, the appeal stands disposed. Pending
application(s), if any, also stands disposed.
JUDGE
SAIKAT Digitally signed by
SAIKAT KAR
KAR Date: 2026.02.24
17:41:42 -05'00'
