HIGH COURT OF TRIPURA AGARTALA

IA No. 2 of 2021 in CRP 81 of 2021

HON'BLE MR. JUSTICE T. AMARNATH GOUD

ORDER

21.12.2021

Heard counsel for the both sides.

It is agreed by the counsel for the parties that the instant interlocutory application arising out from CRP 81 of 2021 is covered by an earlier civil revision petition bearing No. 83 of 2021 which was disposed of by this court on 17.12.2021.

The relevant portion of the order dated 17.12.2021 is reproduced hereunder:

"Mr. Subhasis Bandopadhay, L.A. Collector, Sipahijala District is present in the Court today. His presence for the future is dispensed with. Mr. Subhassis Bondopadhay, L.A. Collector when enquired by this Court submits that he will comply with the order of the Court passed in WP(C) No.1163 of 2019 and ors., in its true letter and spirit. The reason for not disbursing the amount is that amount has not been deposited in his L.A. account by the petitioner herein, i.e. the Union of India.

Mr. B. Majumder, learned Asst. S.G. submits that the L.A. Collector has not complied with the order in WP(C) No.1163 and ors., and when the Court has asked him to point out the specific portion of the order which has not been complied with, the learned Asst. S.G. has drawn the attention of this Court to Para-7 of the WP(C) No.1163 of 2019 and ors., and contended that only after due verification with regard to the status of the claimants as a landowner or occupant, the amount is to be paid.

This Court is not convinced with the contention of the learned Asst. S.G. since it is not for the petitioner-Union of India to verify whether the amount is being disbursed to the right person or not. The petitioner is

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obligated to deposit the awarded amount with the L.A. Collector and the L.A. Collector shall disburse the same to the appropriate persons. It is the bonafide duty of the petitioner-Union of India to deposit the awarded amount having taken possession of the land decades ago. The Government is not expected to act in a casual manner against the interest and property of the poor citizens in violation of Article 300A of the Constitution of India.

In view of same, the instants CRPs are disposed of directing the petitioner-Union of India to deposit the awarded amount within a period of 2(two) weeks from today positively to the account of the L.A. Collector in this subject matters. On receipt of the said amount, L.A. Collector shall issue notices to the claimants indicating the date and time to be present in his office along with the relevant documents for disbursing of the amount in their favour. The documents required shall be specified in respect of each claimant according to facts of each case. After completing the said inquiry by the L.A. Collector, the amount shall be disbursed forthwith. This exercise by the L.A. Collector shall be completed within a period of 2(two) weeks after the receipt of the amounts from the Union of India, the petitioner herein."

In view of the observation made above, this interlocutory

application stands disposed of.

JUDGE