The Union Of India& Anr. vs. Harun Miah& Ors.

HIGH COURT OF TRIPURA _A_G_A_R_T_A_L_A_ I.A. No. 03 of 2021 in CRP No. 81 of 2021(D/O)

For Applicant(s) : Mr. B. Majumder, ASG. For Respondent(s) : Mr. A. Nandi, Advocate.

HON'BLE MR. JUSTICE T. AMARNATH GOUD _O_ R_ D_ E_ R_

28/01/2022

This Court vide order dated 21.12.2021 has disposed of the CRP which deals with non-payment of compensation to the land owners with regard to the subject land which were taken over by the State-Government byway of land acquisition proceedings and it is almost 30 years, since the owners were deprived for payment of the amount on one pretext or the other. At this juncture, after hearing the learned ASG, the Government Advocate and also the Land Acquisition Collector, this Court passed the order thus:

""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 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."

Thereafter, the respondents No. 1 and 2, the Union of India and the Commandant on 23.12.2021, preferred an interlocutory application seeking extension of time for compliance of the orders passed by this Court on 21.12.2021 by three months i.e. up to 23rd March, 2022. When the said applications are listed for hearing, this Court points out that the affidavit filed by the petitioners/respondents in the CRP are silent with regard bona-fide stand taken for compliance of the orders of the Court.

In view of the same, by order dated 27.01.2022 this Court given liberty to the petitioners for filing better affidavit providing appropriate reasons and in pursuant of the same, an additional affidavit has placed along with a document dated 06.01.2022 enclosed by the petitioners.

It is strange that the said document which is a communication between the respondents indicates that for implementation of the High Court's orders certain remarks have been called for and the file is under process. It is also stated in the additional affidavit in Para-3 that sanction from the audit authority i.e. the Minister of Defence (BR) for which variation of 06 to 07 Government channels are involved to obtain the sanction i.e. CE(P) Pushpak-ACDA Pushpak-ADGBR, Guwahati-PCDA(BR), Gauhati-HQ.DG BR-Delhi-IFA-(BR)-MoD(BR) Delhi, at all levels these files need to be looked into and in view of most of the staffs suffering due to COVID-19, requested for further time.

Learned ASG upon instructions and Mr. Janardan Singh, AE (Civ), Officer-in-Charge, Rear Ex-Setuk, who is also present before the Court undertakes to comply with the orders and they will not seek any further extension of time for the same purpose. Taking their statements on record, this Court grants them three months time as prayed for in their extension petition dated 23.12.2021. Accordingly, the interlocutor applications are allowed granting the petitioners time for compliance of the court's orders up to 23rd March, 2022.

JUDGE