Pijush Debbarma And Anr Vs State Of Tripura And 3 Ors.

Tripura High Court- Agartala 9 Feb 2024 Writ Petition (C) No. 97 Of 2024 (2024) 02 TP CK 0028
Bench: Single Bench

Judgement Snapshot

Case Number

Writ Petition (C) No. 97 Of 2024

Hon'ble Bench

Arindam Lodh, J

Advocates

A. Debbarma, A.K. Pal

Judgement Text

Translate:

Arindam Lodh, J

By means of filing the present writ petition, the petitioners have prayed for the following reliefs:

“i. Issue rule asking the Respondents to show cause as to why the Respondent No.2 should not be directed to made a fresh award under the right to fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for payment of due compensation to the land owner Petitioners.

ii. To Set aside the order dated 29/12/2022 of the Chief Executive Officer, Ambassa Municipal Council, Ambassa, Dhalai Tripura, and direct the respondents to make an award as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, ensuring that the petitioners are not deprived of their constitutional right to fair compensation.

iii. Call for the records appertaining to this petition.

iv. Issue rule directing the Opposite Parties, namely the District Magistrate (D.M.) and Collector, Dhalai Tripura, to make an award in accordance with the provisions of THE RIGHT TOFAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013, ensuring that the land holders/petitioners are not deprived of their legitimate rights.

v. That the Hon’ble Court may be pleased to direct the respondents to conduct a fair and transparent assessment of the compensation due to the Petitioners in accordance with the said Act, taking into consideration all relevant factors including market value, interest, solatium, rehabilitation, and resettlement entitlements.

vi. Pass any other order/orders/writ as your lordship may deem fit and proper for ends of justice.”

Heard Mr. A. Debbarma, learned counsel appearing for the petitioners. Also heard Mr. A.K. Pal, learned counsel appearing for the respondents.

Issue notice calling upon the respondents to show cause as to why a rule should not be issued as prayed for; and/or as to why such further order or other orders should not be passed as to this court may seem fit and proper

Notice is made returnable within 6(six) weeks.

Since all the respondents have already entered their appearance through learned their counsel, issuance of formal notice is waived.

List the matter on 26.03.2024.

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