AGARTALA, India, Feb. 9 -- Tripura High Court issued the following order/judgement on Jan. 8:
[1] When the case is called Mr. B. Majumder, learned Dy. SGI is present for the appellant and there is no representation for the respondents despite notices being served upon them.
[2] This present appeal has been filed under Section 54 of the Land Acquisition Act, 1894, against the Judgment and Award dated 23.02. 2024 passed in L.A. (Ref) No. 14 of 2020 seeking 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 23.02.2024 passed in LA. (Ref.) 14 of 2020 by the learned L.A. Judge, South Tripura, Belonia shall not be set-aside;
(iii) Call for the records of case no. LA. (Ref.) 14 of 2020 from the court of the learned L.A. Judge, South Tripura, Belonia. AND
(iv) After hearing both the sides may kindly set aside the impugned judgment and award dated 23.02.2024 passed in LA. (Ref.) 14 of 2020 by the learned L.A. Judge, South Tripura, Belonia; 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."
[3] The brief facts of the case is that, land of the respondent-claimants, was acquired by the respondent no.10 i.e. the Land Acquisition Collector, South Tripura, for construction of "New Railway line from Agartala to Sabroom'. Accordingly, the L.A. Collector, South Tripura, Belonia, has awarded the compensation @ Rs. 11 lacs per kani for the land acquired and Rs.1,56,889/- for trees and Crops with other statutory compensation. Being aggrieved by the amount of compensation, the respondents- claimants filed an application under Section 18 of the L.A. Act, 1894, for referring the matter to the L.A. Judge, South Tripura, Belonia, and, accordingly, the same was referred to the court of learned L.A. Judge. South Tripura, Belonia. Thereafter, the learned L.A. Judge, South Tripura, Belonia, after hearing both the parties, by its judgment dated 23.02.2024 allowed the claim appeal enhancing the award of compensation. Hence, this appeal.
[4] Heard and perused the evidence on record.
[5] The appeal is filed by the appellant pointing out the infirmities committed by the Trial Court that the compensation has been awarded without framing an issue to the extent of deciding whether the respondent-claimants are the lawful land owner to receive the said compensation or whether they are the unauthorized persons claiming for the compensation and, since, the matter was not decided considering the said issue straightway the Court below has awarded compensation and aggrieved by the same, the present appeal is filed making the submission as a major ground for consideration .
[6] Learned counsel for the appellant further submits that in identical matters number of such appeals were disposed of remanding the matter to the Trial Court for framing an issue on the point of owner ship and then, to award compensation upon the authorized person and prayed to remand the matter .
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x7xIl%2F7YSWPFPdPG4Cj%2FV2GH2vAqJpbuutxB35dRadc4&caseno=LA.App./33/2025&cCode=1&cino=TRHC010004282025&state_code=20&appFlag=)
Disclaimer: Curated by HT Syndication.
