SWAPAN SARKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. P. Roy Barman, learned senior counsel assisted by Mr. Samarjit Bhattacharjee, learned counsel for the petitioners and Mr. Saktimoy Chakraborti, learned Advocate General assisted by Ms. P. Chakraborty, learned counsel for the State.

(2.) The learned writ Court by the impugned order dtd. 23/9/2024 passed in WP(C) No.604/2024 has refused to allow the main prayer of the petitioner for a direction upon the respondent Nos.1 to 4 who are the State of Tripura; the District Magistrate and Collector, West Tripura; the L.A. Collector, West Tripura and the Sub-Divisional Magistrate, Sadar Sub-Division, Agartala to release the award money of Rs.79,15,938.00 in the ratio of Rs.39,57,969.00 to the writ petitioner No.1-Sri Swapan Sarkar and Rs.9,89,492.25 each to rest of the petitioners who are the legal heirs of Lt. Mishan Sarkar, namely 1) Rina Sarkar (wife); 2) Rajesh Sarkar (son); 3) Sampa Rani Sarkar (daughter); and 4) Soma Sarkar (daughter). The claim of the petitioner was based upon a plea that they are recorded as permissive occupier in respect of the land acquired under notification dtd. 2/8/2018 by the Land Acquisition Collector, West Tripura, for development of Integrated Check Post (ICP), Agartala under Sec. 19(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter refer to as 'Act of 2013'). The petitioners themselves asserted that Abdul Aziz and others were the original owners of the aforesaid land notified for acquisition. But by an unregistered Deed of Exchange dated, 30/5/1964, he left behind to the neighboring country and, thereafter, Debesh Ch. Sarkar who is the predecessor of the petitioner, took the possession of the land of Abdul Aziz and others at Agartala. After his death his 2(two) sons namely, Mishan Sarkar @Mishan Chandra Sarkar and Swapan Sarkar being legal heirs became absolute joint owners and possessors of the said suit land. The L.A. Collector, West Tripura, Agartala, had issued notice to Rayati- Abdul Aziz and Ors, permissible occupier namely Mishan Sarkar @ Mishan Chandra Sarkar and Swapan Sarkar, who are sons of Debesh Ch. Sarkar of Ramnagar, to vacate and deliver the possession of the acquired land. The predecessor of the petitioners were also asked to appear before the learned S.D.M, Sadar office on 20/7/2019 with all required testimonial, bank details etc. to receive the awarded compensation of Rs.79,15,938.00(Rupees seventy nine lacs fifteen thousand nine hundred thirty eight) only against Apportionment Sl. No.03 in case No.L.A.01/SDR/18. They were informed that without correction of the records, awarded money cannot be disbursed. Therefore, the petitioners had approached the writ Court.

(3.) The learned writ Court held as under: