KAMALA TEA COMPANY LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) We have heard S. Deb, learned senior counsel, appearing on behalf of the appellant. We have also heard Mr. A. Lodh, learned Asstt. SG. for the respondents No. 1, 2, 3 and 4, and Mr. N.C. Paul, learned Government advocate, appearing on behalf of the remaining respondents.

(2.) The Government of Tripura, in exercise of its powers under the Land Acquisition Act, 1894, acquired land, measuring 123.24 acres, within Fatikcherra mouja, under Kamolghat Tehsil, Kachari, and Sadar Sub-Division, West Tripura District, including the land measuring 119.01 acres, under Khatian No. 1100, jer 114/2, 1138, which stood recorded in the name of Managing Director, Fearless Tea & Industry Ltd. of Fatikcherra, as jotedar, for a public purpose, namely, construction of Battalion Headquarters of 98 Bn. Border Security Force ('the BSF').

(3.) With the grievance that the Border Security Force has taken over possession of 44.49 acres of land, appertaining to Fatikcherra Tea Estate, in excess of the land, which was acquired depriving thereby illegally the appellant herein from making use of its said land measuring 44.49 acres (without any authority of law) and seeking compensation for the land, which, according to the appellant herein, had been allegedly taken possession of by the Border Security Force, the appellant submitted a representation, dated 28.7.1997, to the Department of Revenue, Government of Tripura. On receipt of the said representation, a letter, dated 29.8.1997, was issued by the Department of Revenue, Government of Tripura, addressed to the Addl. District Collector, West Tripura, to inquire into the grievances of the appellant and submit a detail report in this regard.