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Tripura High Court · body

2017 DIGILAW 179 (TRI)

Jyotsna Barman, wife of late Jadab Barman v. State of Tripura represented by the Commissioner, Revenue Department

2017-03-24

S.TALAPATRA

body2017
JUDGEMENT AND ORDER : Heard Mr. K. Nath, learned counsel appearing for the petitioner as well as Mr. S.K Deb, learned senior counsel assisted by Mr. B. Debnath, learned counsel appearing for the respondents No. 4 and 4(a) and Mr. TD Majumder, learned Government Advocate appearing for the respondents No.1 and 2. Also heard Mr. D. Deb, learned counsel appearing for the respondents No. 5, 6 and 7. 2. By means of this writ petition, the petitioner has raised his grievance against the petition of respondents No. 4 and 4(a) by which, without any acquisition or consent of the petitioner, they have constructed a community hall over the land as described in the ‘A’ schedule appended to this petition measuring 0.19 acres. Even though in the writ petition the direction has been sought for vacating the land described in the schedules ‘B’ and ‘C’ but at the outset Mr. K. Nath, learned counsel appearing for the petitioner has urged this court that the petitioner would not press the relief in respect of the land as described in the schedules B and C and she may be permitted to proceed in the Civil court for recovery of possession. So far the relief related to the land described in the schedules B and C is concerned the same has been abandoned in this petition and this court provides the petitioner liberty to proceed for such in accordance with law. The decision of this court shall not create any bar for the petitioner in seeking relief in respect of the land described in the schedule B and C. So far the schedule ‘A’ land is concerned, both the respondents No. 1,2,4 and 4(a) have admitted that they have constructed a community hall over the said land without any acquisition. 3. Mr. Deb, learned senior counsel has handed up a copy of the resolution taken in the meeting of the Chairman-in-Council held on 23.03.2017 where it is found that the Teliamura Municipal Council has expressed its willingness to purchase the said land as described in the schedule ‘A’ of the writ petition measuring 0.19 acres situated at Netaji Nagar appertaining to Khatian No. 676, plot No. 9006 of Mouja-Krishnapur under Revenue circle Maharanipur, Sub Division-Teliamura, from the petitioner at the rate of Rs.60 lakh per kani. When this decision was communicated to the petitioner through Mr. When this decision was communicated to the petitioner through Mr. Nath, learned counsel appearing for the petitioner in this writ petition, the petitioner has communicated to this court that she would agree to accept that amount and cause the due registration of the sale deed/conveyance of the land subject to that the cost of the registration and the stamp duty shall be borne by Teliamura Municipal Council. 4. Though Mr. Nath, learned counsel appearing for the petitioner was insisting for the interest but in the context of this agreement, this court is not inclined to give any interest if the amount is paid within 3(three) months from the day when the petitioner shall submit a copy of this order. However, it is made clear that on the day when the payment will be made to the petitioner, the petitioner shall execute and register the sale deed/conveyance acknowledging the transfer of the land and prior to that the competent authority of the Teliamura Municipal Council shall send the draft copy of the sale deed to the petitioner for her perusal but it is made further clear that if the money is not paid within the stipulated time it shall carry interest @15% per annum from 01.04.2017. 5. With this observation and direction, this writ petition stands disposed of. No order as to costs. 6. A copy of this order shall be furnished to the learned counsel for the parties for payment and execution of the deed etc. A copy of the minutes of the meeting of the Chairman-in-Council, Teliamura Municipal Council held on 23.03.2017 shall be kept with this record for future reference.