[Cites 2, Cited by 0]
Tripura High Court
The Managing Director vs Sri. Ajoy Das on 26 March, 2026
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
LA App.50 of 2025
The Managing Director, TIDC,
Industry Building, 3rd Floor,
Gurkhabasti, P.S. New Capital Complex,
District: West Tripura
...........Appellant
Versus
1. Sri. Ajoy Das, S/o Late Haripada Das,
Resident of East Champamura, P.S. East Agartala,
District - West Tripura.
2. Smt. Basanti Rani Das, W/o Sri Manik Das,
D/o. Late Haripada Das, Resident of Badharghat, Agartala,
District - West Tripura.
3. Smt. Jayanti Bala Das, W/o Sri Ratan Das,
D/o Late Haripada Das, Resident of Dukli, Maheshkhala,
District - West Tripura.
4. Sri Bijoy Kr. Das, S/o Late Haripada Das,
Resident of East Champamura, P.S. East Agartala,
District - West Tripura.
...........Respondents.
5. The Land Acquisition Collector, West Tripura,
P.O- Agartala, P.S. - West Agartala, District- West Tripura, Pin-799001.
..............Proforma-Respondent
For Appellant(s) : Mr. B.N. Majumder, Sr.Advocate
Mr. Rajib Saha, Advocate
For Respondent(s) : Mr. Kohinoor N. Bhattacharya, G.A.
Mr. D. Bhattacharya, Sr. Advocate
Mr. Subrata Roy, Advocate
Mr. Samar Das, Advocate
Ms. Rashmi Bhattacharjee, Advocate
Page 2 of 3
HON'BLE JUSTICE DR. T. AMARNATH GOUD
ORDER
26.03.2026
[1] Heard learned counsel for both the sides.
[2] This appeal has been filed under Section 54 of the Land
Acquisition Act, 1894 read with Order XLI of Civil Procedure Code,
1908, against the judgment and award dated 29.08.2023 passed in case
No. MISC (L.A.) 33 of 2016 seeking the following the reliefs:-
"(a) Admit this appeal condoning the delay of 606 days.
(b) Call for the records pertaining to CASE NO. MISC. (LA) 33 of
2016, from the Ld. Court of Land Acquisition Judge (Court No. 4),
West Tripura Judicial District, Agartala;
(c) Pass an order for preparation of paper book;
(d) In the interim be kind enough to stay the impugned Judgement
and award dated 29.08.2023, Case No. CIVIL MISC (L.A.) 33 of
2016, pending disposal of the appeal;
(e) After hearing the parties, be kind enough to set aside the
Judgement dated 29.08.2023, Case No. MISC (L.A.) 33 of 2016, for
the fair ends of justice................."
[3] It is represented by Mr. R. Saha, learned counsel appearing
on behalf of the appellant that in similarly situated bunch of matters, this
Court has observed that those matters be remanded back to the learned
trial Court for fresh adjudication since ownerships of the claimants were
not established and issue was not framed separately on the point of
ownership/title-deed of the claimant(s).
[4] In view of the submissions made on behalf of the appellant,
this Court opines that since the case in hand pertains to payment of
compensation and in identical appeals under Land Acquisition Act
where issue of ownership was not decided framing any separate issue
for proving the title and the ownership, were remanded back to the
concerned LA Judge for re-examination on the point of ownership/title
deed of the claimants, accordingly, this matter also needs to be
remanded back to the trial Court for the same reason.
[5] Hence, Since the issue was not framed by the learned trial
Court regarding title and ownership of the claimants accordingly, the
lower Court's order dated 29.08.2023 is set aside and the matter is
remanded back to the trial Court for reconsideration by framing an issue
on the point of title deed and to decide the ownership and, thereafter,
pass an award in accordance with law. Both the parties would be at
liberty to place relevant documents, if any, in support of their respective
submissions before the concerned Court for consideration.
[6] It is needless to observe that in the event, if the land is
acquired pertaining to the landlord, he would be entitled for fair and
even a generous compensation in a given circumstance, but unless it is
decided that the recipient of the claim-amount is holding a valid
alienable title, it cannot be said that he is entitled for claiming the
compensation. An unauthorized person cannot be paid a single rupee
from the public money.
[7] With the above observation and direction, the matter is
remanded back and accordingly, the instant appeal is disposed of. As a
sequel, miscellaneous application(s) pending, if any, shall also stand
closed.
DR. T. AMARNATH GOUD, J
Sabyasachi G.
SABYASACHI GHOSH GHOSH
Date: 2026.03.30 16:59:45 +05'30'
