The Deputy Chief Engineer (Cons-2) vs Sri Ganesh Dey
2026 Latest Caselaw 1268 Tri

Tripura High Court

The Deputy Chief Engineer (Cons-2) vs Sri Ganesh Dey on 9 March, 2026

Author: T. Amarnath Goud

Bench: T. Amarnath Goud

                                  Page 1




                     HIGH COURT OF TRIPURA
                           AGARTALA
                       L.A. APP 73 OF 2025
        The Deputy Chief Engineer (Cons-2), N.F. Railway,
        Agartala, West Tripura, Pin-799003
                                      ----Appellant-Opposite Party
                                 Versus
  1. Sri Ganesh Dey, son of Surendra Kumar Dey, resident of
     Dalubari (Domdoma), P.O. + P.S. Sabroom, District-South
     Tripura, PIN- 799145.
  2. Smt. Nanda Basak (Das), wife of Dilip Das, resident of
     Dalubari (Domdoma), P.O. + P.S. Sabroom, District-South
     Tripura, PIN- 799145.
                                 .... Respondent-Claimants

3. Land Acquisition Collector, South Tripura, Belonia, PIN- 799155.

---- Respondent

For Appellant(s) : Mr. B. Majumder, Deputy SGI For Respondent(s) : Mr. Ratan Datta, Advocate Ms. S. Nag, Advocate Mr. P. Gautam, Sr. GA 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

07.12.2023 passed by the learned Land Acquisition Judge, South

Tripura, Sabroom, in case No. CM L.A. 29 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 07.12.2023 passed in CM (L.A.) 29 of Page 2

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.) 29 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 07.12.2023 passed in CM (L.A.) 29 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. Heard Mr. B. Majumder, learned Deputy SGI appearing

for the appellant-opposite party. Also heard Mr. Ratan Datta,

learned counsel assisted by Ms. S. Nag, learned counsel appearing

for respondent-claimants and Mr. P. Gautam, learned senior GA

appearing for the respondent-LA Collector.

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.

Page 3

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

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

07.12.2023 passed by the learned L.A. Judge, South Tripura,

Belonia, in case No. CM(L.A.) 29 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                 KAR
                           Date: 2026.03.13 15:14:45
                           -04'00'