HIGH COURT OF TRIPURA AGARTALA LA. App No. 107 of 2023. Smt. Tapna Singha Appellant (s) Versus The Managing Director, TIDC & Anr. Respondent(s) For Appellant(s) : Mr. Samar Das, Advocate. For Respondent(s) : Mr. P. Gautam, Sr. G.A. Mr. BN Majumder, Sr. Advocate. Mr. D J Saha, Advocate. HON’BLE MR. JUSTICE T. AMARNATH GOUD ORDER 12.02.2025 Heard Mr. Samar Das, learned counsel appearing for the appellant. Also heard Mr. P. Gautam, learned Sr. G.A. appearing for the LA-Collector. [2] This appeal has been filed under Section 74 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 read with Section 54 of the Land Acquisition Act, 1894 seeking the following reliefs :- “(i) Admit this appeal . (ii) Issue notice. (iii) After hearing the parties enhance the award passed by the Ld. L.A. Judge, Court No. 2, West Tripura, Agartala in Misc. L.A. 36 Of 2016 ON 26.07.2023 Whereby Ld. L.A. Judge allowed only 2,04, 652/- per kani to the appellant.” [3] Heard and perused the evidence on record. Page 2 of 3 [4] It is represented that the claimants are the original owners and are having valid alienable title deeds. But for some reasons they were not placed on record and prays to place it on record, if an opportunity is given and they cannot be deprived of their legitimate right of compensation for acquisition of their land. [5] It is seen from the order passed by the learned Court below that no proper reasoning is given for enhancement of compensation and no document has been exhibited for establishment of ownership and the title deeds are not exhibited, since they are not marked the said issue has not been decided. In the absence of the same, this Court feels that the Court below needs to look into this aspect. Accordingly, the order passed by the Court below is set aside, and the matter is remanded back to the learned L.A Court for framing issue on the point of title deed and providing an opportunity, if required, to amend the pleadings and mark the title deeds if any, and decide the matter as per procedure as expeditiously as possible by giving an opportunity to both sides. [6] It is needless to observe that in the event, if the land is acquired pertaining to the landlord, he would be entitled for fair and even a generous compensation in a given circumstance, but unless it is decided that the recipient of the claim-amount is holding a valid alienable title, it cannot be said that he is entitled for claiming the compensation. An unauthorized person cannot be paid a single rupee from the public money. Page 3 of 3 With the above observation and direction, the appeal is remanded back and accordingly, the same is disposed of. As a sequel, miscellaneous application(s) pending, if any, shall also stand closed. JUDGE Paritosh SABYA SACHI GHOSH Digitally signed by SABYASACHI GHOSH Date: 2025.02.20 11:29:13 +05'30'