Smt. Chinu Malakar and 2 Ors v. Union of India and 7 Ors

Order

22.02.2024 It is submitted that the matter has amicably been settled. Mrs. S. Deb (Gupta), learned counsel appearing for the respondents-Airport Authority of India has placed before us a communication dated

03.02.2024, addressed to the District Magistrate & Collector, West Tripura District, Agartala, which being self-explanatory, is reproduced here-under, in extenso:- "GOVERNMENT OF TRIPURA TRANSPORT DEPARTMENT SECRETARIAT, AGARTALA

To The District Magistrate & Collector West Tripura District, Agartala

Subject:- Proposal for left out land areas while acquisitioning land by the State Government for development/expansion of MBB Airport, Agartala thereof. Sir, With reference to the subject cited above, I am directed to enclose herewith letter issued vide no. AAI/AT/ACQ-Land(MBB)/LM 03/1/371-73 dated: 23/01/2024 of

the Airport Director, MBB Airport, Agartala along with its enclosures which is self explanatory and to state that while reviewing the land acquisition records by AAl for Development/expansion of MBB Airport, Agartala it appeared that Six (6) plots measuring a total area of 1.41 acres have not been acquired by the State Government which are located inside area of Operational Boundary Wall and near the existing Runway of MBB Airport, Agartala.

¶2Further, it has also been requested to acquire the said land measuring 1.41 acres by the State Government which are already in possession of AAl (on free of cost) so that any adverse decree or Judgement in this regard in future can be avoided.

¶3In view of the above, I am further directed to request you to kindly examine the above issue and take suitable action for acquisition of Six (6) plots measuring 1.41 acres, which were left out during acquisition of land on 2011, 2012 & 2013 by the State Government.

¶4The matter may be treated as Most Urgent. Yours faithfully,

Signed by Maitreyee Debnath Date: 03-02-2024 16:26:43 Reason: Approved Deputy Secretary to the Government of Tripura."

From the above communication, it comes to fore that the Government has decided to acquire 6(six) plots of land measuring 1.41 acres, which include the land in question in the present suit. Since it is the decision of the Government to purchase the land, according to us, the instant Regular First Appeal may be disposed of in terms of the decision reflected in the communication dated 03.02.2024 which is reproduced here-in-above. Considering the nature of the case, we direct the authorities concerned to implement the decision reflected in the communication dated

03.02.2024 within a period of 6(six) months from today. Accordingly, a decree has to be drawn by the Registry of this Court in accordance with law in terms of the above observations and the contentions made in the communication dated 03.02.2024

The communication dated 03.02.2024 is kept on record for reference.

JUDGE

JUDGE

Rohit SANJAY GHOSH by SANJAY GHOSH Date: 2024.02.27 10:47:59 +05'30'

HIGH COURT OF TRIPURA AGARTALA RFA 8 of 2022 Smt. Chinu Malakar and 2 Ors. ---Appellant(s) Versus Union of India and 7 Ors. ---Respondent(s) For the Appellant(s) : Mr. D. Bhattacharjee, Sr. Advocate Mr. Samar Das, Advocate For the Respondent(s) : Mrs. S. Deb (Gupta), Advocate HON'BLE MR. JUSTICE ARINDAM LODH HON'BLE MR. JUSTICE S.D. PURKAYASTHA