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Tripura High Court
The Deputy Chief Engineer (Cons-2) vs Smt. Sambha Laxmi Tripura on 9 March, 2026
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1
HIGH COURT OF TRIPURA
AGARTALA
L.A. APP 71 OF 2025
The Deputy Chief Engineer (Cons-2), N.F. Railway,
Agartala, West Tripura, Pin-799003
----Appellant-Opposite Party
Versus
1. Smt. Sambha Laxmi Tripura, wife of lt. Sabdar Kumar
Tripura, resident of Gardhang, P.O.Bhuratali, P.S.
Manubazaar, Sabroom, District-South Tripura, PIN- 799143.
2. Smt. Abhalakshi Tripura, daughter of lt. Sabdar Kumar
Tripura, resident of Gardhang, P.O.Bhuratali, P.S.
Manubazaar, Sabroom, District-South Tripura, PIN- 799143.
3. Smt. Chikan Sri Tripura, daughter of lt. Sabdar Kumar
Tripura, resident of Gardhang, P.O.Bhuratali, P.S.
Manubazaar, Sabroom, District-South Tripura, PIN- 799143.
4. Smt. Subitra Tripura, daughter of lt. Sabdar Kumar
Tripura, resident of Gardhang, P.O.Bhuratali, P.S.
Manubazaar, Sabroom, District-South Tripura, PIN- 799143.
5. Smt. Puthi Mala Tripura, daughter of lt. Sabdar Kumar
Tripura, resident of Gardhang, P.O.Bhuratali, P.S.
Manubazaar, Sabroom, District-South Tripura, PIN- 799143.
6. Smt. Ful Pati Tripura, daughter of lt. Sabdar Kumar
Tripura, resident of Gardhang, P.O.Bhuratali, P.S.
Manubazaar, Sabroom, District-South Tripura, PIN- 799143.
7. Sri Rabi Dhan Tripura, son of lt. Sabdar Kumar Tripura,
resident of Gardhang, P.O.Bhuratali, P.S. Manubazaar,
Sabroom, District-South Tripura, PIN- 799143.
8. Sri Rahim Chandra Tripura, son of lt. Sabdar Kumar
Tripura, resident of Gardhang, P.O.Bhuratali, P.S.
Manubazaar, Sabroom, District-South Tripura, PIN- 799143.
9. Sri Alindra Tripura, son of lt. Sabdar Kumar Tripura,
resident of Gardhang, P.O.Bhuratali, P.S. Manubazaar,
Sabroom, District-South Tripura, PIN- 799143.
10. Sri Surendra Tripura, son of lt. Sabdar Kumar
Tripura, resident of Gardhang, P.O.Bhuratali, P.S.
Manubazaar, Sabroom, District-South Tripura, PIN- 799143.
11. Sri Hari Mohan Tripura, son of lt. Sabdar Kumar
Tripura, resident of Gardhang, P.O.Bhuratali, P.S.
Manubazaar, Sabroom, District-South Tripura, PIN- 799143.
12. Sri Chandra Mohan Tripura, son of lt. Sabdar Kumar
Tripura, resident of Gardhang, P.O.Bhuratali, P.S.
Manubazaar, Sabroom, District-South Tripura, PIN- 799143.
Page 2
13. Sri Rakesh Mohan Tripura, son of lt. Sabdar Kumar
Tripura, resident of Gardhang, P.O.Bhuratali, P.S.
Manubazaar, Sabroom, District-South Tripura, PIN- 799143.
.... Respondent-Claimants
14. Land Acquisition Collector, South Tripura, Belonia,
PIN- 799155.
---- Respondent
For Appellant(s) : Mr. B. Majumder, Deputy SGI
For Respondent(s) : Mr. TD Majumder, Sr. Advocate
Ms. B. Kaipeng, Advocate
Date of hearing & delivery : 09.03.2026
of Judgment & Order
Whether fit for reporting : No
BEFORE
HON'BLE JUSTICE DR. T. AMARNATH GOUD
Judgment & Order (Oral)
This is an appeal preferred by the appellant-opposite
party being aggrieved by the judgment and award dated
20.01.2024 passed by the learned Land Acquisition Judge, South
Tripura, Sabroom, in case No. CM L.A. 72 of 2022, whereby the
amount of compensation has been further enhanced by the
learned L.A. Judge. In filing the appeal, the appellant-opposite
party has prayed for the following reliefs:
"(i) Admit the instant appeal;
(ii) Issue notice upon the respondents to show cause as to why the
impugned judgment/award dated 20.01.2024 passed in CM (L.A.) 72
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.) 72 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 20.01.2024 passed in CM (L.A.) 72 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."
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2. Heard Mr. B. Majumder, learned Deputy SGI appearing
for the appellant-opposite party. Also heard Mr. TD Majumder,
learned senior counsel assisted by Ms. B. Kaipeng, learned counsel
appearing for respondent No.8.
3. It is the contention made by the learned counsel for the
appellant-opposite party, Mr. Majumder, Dy. SGI, that the Court
below has not considered or framed any issue on the point as to
whether the claimant-respondent has acquired any right, title and
interest over the acquired land. It has been further submitted that
no title deed nor any document in support of her claim has been
placed on record, and no such exhibit has been marked nor any
evidence was addressed except relying on the khatians and the
same cannot be treated as title deed. He 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.
4. I have perused the entire record including the judgment
and award passed by the learned Tribunal.
5. It becomes immense necessary that the learned trial
court before considering that the claimants are the owners,
ownership documents need to be examined and exhibited and
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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
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
looser of land in the process of acquisition, the land owner has to
be appropriately compensated, but in the event, if the person
claiming compensation fails to prove the ownership, he/she shall
not be paid a single rupee from the government exchequer, as no
unauthorized person is entitled for any bonanza.
6. In view of the above, the judgment and award dated
20.01.2024 passed by the learned L.A. Judge, South Tripura,
Belonia, in case No. CM(L.A.) 72 of 2022, is set aside, and the
matter is remanded back.
7. Consequently, the appeal stands disposed. Pending
application(s), if any, also stands disposed.
JUDGE
SAIKAT KAR SAIKAT KAR
Date: 2026.03.13 15:14:15
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