PRAVANJAN KISHORE DEVVARAMAN Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Petitioner has his residential house situated in the city of Agartala. Land adjutant to his house he has sold to respondents No.4 and 5 where they are in the process of constructing four-storied residential complex. The grievance of the petitioner is that the entire land is on a slope. The respondents No.4 and 5 have removed part of the soil from the newly created boundary between the two plots without providing sufficiently strong retaining wall and on account of which accidents could occur during monsoon season when heavy rain would wash out the soil from the upper portion where the petitioners house is situated.

(2.) Ordinarily, such disputes would lie before a Civil Court which can examine all disputed questions of facts. However, this Court has already taken cognizance of the issues involved. It appears that at one stage due to an unfortunate accident one of the workers working for the respondents No.4 and 5 also died. In that view of the matter, I have taken deeper interest.

(3.) The Court had previously called for reports from the authorities on the claim of the respondents No.4 and 5 that curative measures have been taken and sufficiently strong retention wall has been constructed. The last report of the Agartala Municipal Corporation (AMC) authority, however, is to the contrary. In a report dated 13th November, 2019 following observations have been made after site inspection: