I.A. No. 674 of 2015 in Cont. Cas (C) No. 07 of 2011[DO], I.A. No. 30 of 2016 in Cont. Cas (C) No. 17 of 2011[DO] and I.A. No. 31 of 2016 in Cont. Cas (C) No. 14 of 2011[DO]. Case: Anjali Dutta and Ors. Vs The Revenue Secretary, Government of Tripura and Ors.. Tripura High Court

Case NumberI.A. No. 674 of 2015 in Cont. Cas (C) No. 07 of 2011[DO], I.A. No. 30 of 2016 in Cont. Cas (C) No. 17 of 2011[DO] and I.A. No. 31 of 2016 in Cont. Cas (C) No. 14 of 2011[DO]
Party NameAnjali Dutta and Ors. Vs The Revenue Secretary, Government of Tripura and Ors.
CounselFor Appellant: D.K. Biswas, H.K. Bhattacharjee and R.K.P. Singh, Advocates and For Respondents: B.C. Das, Advocate General, D. Chakraborty, Sr. Advocate, N.C. Pal and H. Laskar, Advocates
JudgesS. Talapatra, J.
IssueLand Acquisition Act, 1894 - Section 4; Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013 - Sections 11, 15
Judgement DateJanuary 13, 2017
CourtTripura High Court

Order:

S. Talapatra, J., (At Agartala)

  1. All these interlocutory applications, being I.A. No. 674 of 2015, registered against Cont. Cas(C) No. 07 of 2011(DO) [Smt. Anjali Dutta & Ors. Vs. The Revenue Secretary, Govt. of Tripura], I.A. No. 30 of 2016, registered against Cont. Cas(C) No. 17 of 2011(DO) [Sri Partha Baran Majumder & Ors. Vs. The State of Tripura] and I.A. No. 31 of 2016, registered against Cont. Cas(C) No. 14 of 2011(DO) [Smt. Sipra Dutta Biswas Vs. The State of Tripura], are clustered for disposal by common order inasmuch as all those interlocutory applications are set up against an identical fact having related to the order dated 28.09.2015 delivered in Special Leave to Appeal (C) No. 27347/2015, which arose from the final judgment and order dated 03.07.2015 passed in Cont. Cas(C) No. 07/2011 and the judgment and order dated 03.07.2015 passed in C.M. Appl. No. 60/2015, arising from Cont. Cas(C) No. 07/2011. Moreover, all those interlocutory applications are related to the Notification under No. F. 37(212)-REV/68 dated 12.03.1977, by de-requisitioning of the land of the predecessor of the present petitioners, read with the corrigendum under even number dated 03.08.1979.

  2. The predecessor of the petitioners, namely Hamendra Narayan Dutta and others, filed a writ petition, being Civil Rule No. 258/1990 as the respondents did not hand-over the derequisitioned land even after three years of the said notifications.

  3. By the judgment and order dated 02.06.1988, the Gauhati High Court, which had the territorial jurisdiction over the subject matter, directed the respondents to pay the requisitioned compensation according to the principles laid down in the Tripura State Security Order from the date of requisition and shall continue to pay the said amount till the land is either acquired under the provisions of law by paying compensation or it will de-requisitioned and possession of the land is re-delivered to the petitioners. It has also been observed there that, as in the requisition order, old survey plot numbers are indicated there can be no difficulty for the respondents to identify the land, even though the land was re-surveyed subsequently. But those predecessors were compelled to file another writ petition, being Civil Rule No. 47/1989. By the judgment and order dated 02.02.1996 passed in Civil Rule No. 47/1989, the respondents were directed as follows:

    In the result, this writ petition is allowed and the respondents No. 1 and 2 are directed to pay compensation to the petitioner for his share of the de-requisitioned land as determined under the Tripura State Security order 1358 T.W. for the land derequisitioned under the order dated 26th Feb' 77 of the Govt. of Tripura, Revenue Department under sub-section 1 of section 8 of the said Tripura State Security order 1358 T.W. for the period it was requisitioned and even thereafter until possession of the derequisitioned land is delivered to the petitioner less the amount already paid to the petitioner by way of provisional requisition compensation. The respondents are also directed to make sincere efforts to deliver possession of the derequisitioned land mentioned in the said order dated 26th February, 1977 of the Government of Tripura to the petitioner and Shri Bani Bhusan Sen or their heirs within six months from today and in the event, the respondents No. 1 and 2 deliver possession of the said land to the petitioner, they will cease to be liable for compensation for the de-requisitioned land with effect from the date of delivery of possession of the land to the petitioner and such delivery of possession of the de-requisitioned land to the petitioner will be without prejudice to the rights of other persons including under raiyats, if any, who will be entitled to enforce their rights against the petitioner by due process of law. Considering, however, the entire facts and circumstances of the case, there shall be no order as to costs.

    [Emphasis added]

  4. Against the said judgment and order dated 02.02.1996, both the Airports Authority of India and the State of Tripura, filed two separate writ appeals, being Writ Appeal No...

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