WP(C)/1102/2022 of Sri Samir Suklabaidya Vs The State of Tripura and 4 Ors on 22 December 2022

HON’BLE THE CHIEF JUSTICE (ACTING)

_O_ R_ D_ E_ R_

22/12/2022

Heard.

The petitioner has prayed for the following reliefs:

i. Admit.

ii. Call for the records.

iii. Issue notice upon the respondents.

AND

After hearing the parties, would be pleased to set aside/cancel/quash the impugned order vide No. F.12(256)/DM(D)/LA/NH-208/award dated 23.03.2021 issued by competent authority for Land Acquisition, Dhalai District, Ambassa, Jawaharnagar. (Addl. District Magistrate & Collector, Dhalai) whereby he had cancelled the award dated 16.12.2020 (Annexure-4 supra). AND

Would further be pleased enough to direct the respondents to allow the award be paid to the petitioner as was made earlier vide order dated 16.12.2020 for a sum of Rs. 1,17,60,617/- (Rupees One Crore Seventeen lakh sixty thousand six hundred seventeen only) (Annexure-4 supra) with up to date interest, for fair ends of justice.”

The fact of the petitioner is that he has entered for compensation of the land that has been acquired by the respondents and the compensation as per the award was not paid to the petitioner and hence the petitioner has approached before the respondents with the grievance and accordingly issued a legal notice.

The petitioner further contended before this Court that similarly placed persons have earlier approached before this Court and filed writ petition dated 11.07.2022 and the same was accordingly disposed in presence of the respondents directing them that whatever the amounts the petitioner therein in that writ petition is entitled the same be paid.

In pursuance of the orders passed by this Court in the earlier writ petitions No. WP(C) No.921 of 2021 in respect of the similarly placed petitioner, the issue has been settled and compensation has been paid.

In view of the same, without expressing any opinion on merits, the present writ petition stands disposed of directing the respondents to consider the case of the petitioner in accordance with law as expeditiously as possible preferably within a period of two months from the date of receipt of the copy of this order.

In terms of the above, the present writ petition stands disposed of.

CHIEF JUSTICE (ACTING)

A. Ghosh