The Deputy Chief Engineer (Con-2) vs Smti. Kanika Bal Basak
2026 Latest Caselaw 5 Tri

Citation : 2026 Latest Caselaw 5 Tri
Judgement Date : 5 January, 2026

[Cites 2, Cited by 0]

Tripura High Court

The Deputy Chief Engineer (Con-2) vs Smti. Kanika Bal Basak on 5 January, 2026

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.46 of 2025

1.     The Deputy Chief Engineer (Con-2), N.F. Railway, Gurkhabasti, Agartala, West
       Tripura (Now at Badharghat, Agartala)
                                                                        .....Appellant
                                  _V_E_R_S_U_S_

1.     Smti. Kanika Bal Basak, wife of Sri Bikarna Basak, village Ananda Para, P.O. &
       P.S. Sabroom, District- South Tripura, Sabroom, PIN-799145.
                                                                .....Respondent-claimant

2. Land Acquisition Collector, South Tripura, Belonia .....Respondent For Appellant(s) : Mr. B. Majumder, Deputy SGI.

For Respondent(s)       :    Mr. A. Baidya, Advocate.
             HON'BLE JUSTICE DR.T. AMARNATH GOUD
                   _F_I_N_A_L_O_ R_ D_ E_ R_
05.01.2026
              Heard.

[2]           This is an appeal filed under Section-54 of the Land Acquisition Act,

1894, against the judgment and award dated 25.08.2023 passed in CM L.A. 51 of 2022 by the learned Land Acquisition Judge, South Tripura, Sabroom.

[3] The facts in brief are that, as per the requisition of the appellant the land of the respondent-claimant, here-in-after referred to as the respondent, situated under Mouja-West Jalefa, under Sabroom Sub-Division, recorded in Khatian No. 1042, plot No.5735/p land measuring 1.80 acres, classified as tilla class of land was acquired by the respondent No.2 i.e. the Land Acquisition Collector, South Tripura, Belonia vide notification No. 9(04)-REV/ACQ/XIII/2012 dated 04.10.2012 for construction of 'New Railway line from Agartala to Sabroom'. Accordingly, the L.A. Collector, South Tripura, Sabroom, has awarded the compensation @ Rs.78,000/- per kani and further awarded damages for standing trees at Rs.450,830/- and for removal of dwelling huts etc. at Rs. 5576/-.

[4] Being aggrieved by the amount of compensation, the respondent filed an application under Section-18 of the L.A. Act, 1894, for referring the matter to the L.A. Judge, South Tripura, Sabroom for determination of the proper compensation. Accordingly, the same was referred to the court of learned L.A. Judge, South Tripura, Sabroom. Thereafter the learned L.A. Judge, South Tripura, Sabroom after hearing both the parties, by its judgment dated 25.08.2023 has

allowed the claim petition enhancing the award of compensation @ Rs 6,00,000.00 per kani, and and damages for standing trees has been enhanced at Rs.50,55,300/-.

[5] Being aggrieved by and dis-satisfied with the same, the present appeal has been preferred before this Court for redress.

[6] This Court has come across recently in many instances of land acquisition matters in the State of Tripura where even without examining the title deeds and also on the strength of the L.A. Collector's report, compensation has been awarded. It is strange to learn that there is no finding, any report or any document to place before this Court or before the learned L.A. Collector to show that the L.A. Collector has examined the title deeds with regard to the ownership and also the possession of the claimant. On the strength of the revenue record (i.e. the khatian), it cannot be said that the persons in possession and claiming the compensation are the real owners having alienable right. Unless there is a specific document to prove the alienable right, title and interest upon the said land, it cannot be construed that the claimants are the lawful owners of the property and are entitled for compensation.

[7] In view of the above observation, this Court is of the opinion that ends of justice would be met if the present matter is remitted back by setting aside the impugned order dated 25.08.2023 passed by the L.A. Judge, South Tripura, Sabroom and accordingly, the same is ordered. The competent authority shall re- examine the matter by giving opportunity to both sides for filing relevant documents and mark exhibits and also frame additional issues on the alienable right, title and interest. The claimant shall also produce any such document claiming to be the lawful owner of the land in question by placing title deed, if any. The claimants are also at liberty to adduce any other relevant documents in support of their claim.

[8] In that view of the matter, the present appeal is remanded back and is, accordingly, disposed of. As a sequel, miscellaneous application pending, if any, shall stand closed.

DR.T. AMARNATH GOUD, J

A. Ghosh ANJAN GHOSH Date: