Kamala Tea Co. Ltd v. Sri Punit Agarwal and Ors

Order

31/03/2023

Heard Mr. BN Majumder, learned senior counsel assisted by Mr. B. Paul, learned counsel appearing for the petitioner. Also heard Mr. D. Bhattacharjee, learned senior counsel assisted by Ms. N. Chakma, learned counsel appearing for the respondents. Having heard learned counsel appearing for the parties, in my opinion, the present review petition is necessary to be re-examined. As such, I have proceeded to hear learned counsel for the parties. It appears that the disputes arose regarding the claim of the petitioner that the BSF authority has been possessing the following lands: Khatian No. Dag No. Total Area Occupied Area 8993

8.41 acres

7.71 acres 8994

13.41 acres

8.31 acres 8995

11.29 acres

4.27 acres 9020

16.00 acres

7.84 acres 9130

12.00 acres

7.50 acres 9043

16.37 acres

8.86 acres

77.98 acres

44.49 acres

The Government of Tripura had made a correspondence on 29th August, 1997 with the Additional District Magistrate and Collector, West Tripura District directing him to inquire into the matter and submit detailed report. The said correspondence is reproduced here-in-below in extenso:

"No. F.9(29)-ACQ/REV/IV/84 GOVERNMENT OF TRIPURA REVENUE DEPARTMENT Dated, Agartala, the 29th Aug'97 To The Addl. District Magistrate & Collector West Tripura District Agartala

Subject: Acquisition of land measuring 123.24 acres of Mouja Fatikcherra for Head Quarter 98 BN, BSF Sir,

I am directed to refer to letter dated 28.7.97 addressed to the Rev. Commissioner (copy enclosed) by Sri Supriya Chakraborty, Advocate, Tripura Bar Association, Agartala, Tripura on the subject mentioned above and to request you to kindly enquire into the matter and submit detailed report in the matter. Enclo: As stated

Yours faithfully Sd/Illigible

29.8.97 (Mrs. C. Debbarma) Under Secretary to the Govt. of Tripura Copy to: Shri Supriya Chakraborty, Advocate, Tripura Bar Association, Agartala for information."

Ultimately, through some writ petitions and writ appeals, it was finally directed that the District Magistrate and Collector, West Tripura shall inquire into the matter and measure the land to ascertain as to whether the BSF authority has been possessing the land in excess of 123.24 acres. In pursuance of this direction, the District Magistrate and Collector had surveyed the land in presence of a representative of the Tea-Estate i.e. the petitioner herein. From the report submitted by the District Magistrate and Collector, it transpires that the BSF authority is possessing the land measuring 123.49 acres, which is the land under acquisition. However, from the said report, it is not clear as to whether this 123.24 acres of land attracted or comprised the plots numbers as mentioned in the above extracted table. This particular aspect has escaped the notice of the Court while passing the order dated 25.08.2022 in Cont. (Cas) (C) 65 of 2022. In view of this, I direct the District Magistrate and Collector, West Tripura District to re-survey and measure the land in presence of a representative of the petitioner to find out whether this 123.24 acres of land attracts the land under plot nos. 8993, 8994, 8995, 9020, 9130 and 904 which was mentioned in detail in a tabular form above, and submit report accordingly. The entire exercise shall be completed within a period of six weeks from today. The instant review petition stands allowed with the above terms.

JUDGE

Saikat

HIGH COURT OF TRIPURA AGARTALA Review Petition 59/2022 For Petitioner(s) : Mr. BN Majumder, Sr. Advocate Mr. B. Paul, Advocate For Respondent(s) : Mr. D. Bhattacharjee, Sr. Advocate Ms. N. Chakma, Advocate HON'BLE MR. JUSTICE ARINDAM LODH