AMULYA SARKAR Vs. BADAN CHANDRA TRIPURA

JUDGEMENT

(1.) By means of this appeal, the appellant has challenged the order dated 18.8.2006 passed by the Land Acquisition Judge, Khowai, West Tripura in Case No. Misc. (L.A.) 2 of 2003 whereby he has rejected the claim of the appellant only on the ground that in the revenue record the appellant is not shown to be owner of the land.

(2.) It is not disputed that some land measuring 0.28 acres situated in mouja-Krishnapur, sheet No. 4 under khowai Sub-Division, West Tripura was acquired for setting up of the railway line. The claimant set up a plea that he was entitled to the entire compensation because he had purchased the land from the original land owners. In the original record, one Sri Badan Chandra Tripura was shown to be the owner of the land. Notice was sent to him both by the Land Acquisition Collector (L.A. Collector) and the Land Acquisition Judge (L.A. Judge) but he never appeared before those two authorities. Even in this Court, it was not possible to serve Badan Ch. Tripura and thereafter, he was served by publication in the newspaper and none has put in appearance on behalf of Badan Ch. Tripura.

(3.) The sole issue is whether the petitioner who is not the recorded owner of the land is entitled to grant of compensation or not.