NIRJAN DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. S. Bhattacharjee, learned counsel appearing for the petitioner as well as Mr. D. Bhattacharya, learned G.A. appearing for the respondents No.1 and 3 and Mr. Soumen Saha, learned counsel appearing for the respondents No.1 and 3.

(2.) The grievance of the petitioner as gather from the writ petition is that his land was taken into possession by requisition by the Land Acquisition Collector, West Tripura, Agartala, the respondent No.3 herein in the year 1991 ONGC, Tripura Asset had required land and hence, under Section 35(1) of the Land Acquisition Act, 1894 the land of the petitioner was taken into possession. The petitioner is the owner of the temporarily acquired land. For purpose of that temporary acquisition or requisition, the land under reference measuring 3.75 acre, comprised in the Plots No.4237, 4244 and 4245 pertaining to Khatian No.841 and 8212 corresponding to RS Khatian No.2261 of mouja and tahasil Srinagar under Sadar Sub-Division was taken into possession. The said temporary acquisition/requisition was for a period of 3(three) years. After the expiry of the said period, the ONGC, Tripura Asset did not vacate the land and they continued in the possession. But, no further compensation was paid for the period beyond that three years.

(3.) Being aggrieved by such action, the petitioner has urged this court to direct the respondents to pay adequate compensation to the petitioner for unauthorized possession in continuation of the temporary acquisition/requisition over the Plots No.4237, 4244 and 4245 (supra).