HIGH COURT OF TRIPURA AGARTALA L.A. App.07 of 2025 The 2nd –In- Command, for Commandant H.Q., 6 BN. BSF, Fatikcherra ………Appellant(s) Versus Smt. Dipali Das & others …………..Respondent(s) For Appellant(s) : Mr. Bidyut Majumder, Deputy SGI For Respondent(s) : None. HON’BLE MR. JUSTICE T. AMARNATH GOUD ORDER 07.04.2025 The present appeal is filed by the appellant under Section 54 of the Land Acquisition Act, 1894, against the judgment and order dated 26.09.2024 passed in Misc (L.A.) 243 of 2016 by the learned Land Acquisition Judge, Court No.1, West Tripura, Agartala. [2] By filing the instant appeal, the appellant herein has sought for the following reliefs: (i) Admit the instant appeal; (ii) Issue notice upon the respondents to show cause as to why the impugned judgment/award dated 26.09.2024 passed by the learned L.A Judge. West Tripura, Agartala, Court No.1 shall not be set-aside, (iii) Call for the records of case no. Misc. L.A. 243 of 2016 from the court of the learned L.A. Judge, West Tripura, Agartala, Court No.1 AND (iv) After hearing both the sides may kindly set aside the impugned judgment and award dated 26.09.2024 passed Misc. L.A. 243 of 2016 by the learned L.A. Judge, West Tripura, Agartala, Court No.1……………..” [3] It is seen from the Registry’s note dated 18.03.2025 & 03.04.2025 that despite service of notice, there is no representation for the respondents. [4] Heard Mr. Bidyut Majumder, learned Dy. SGI on behalf of the appellant. [5] It is submitted on behalf of the appellant that while fixing the enhanced compensation learned Court below had not frame any issue on the point of title-deeds of the claimants. Learned Dy. SGI submits that in the similarly situated matters, this Court has remanded back such matters to the learned Court below for framing fresh issue especially on the point of title deeds. It is further submitted that in the absence of relevant documents, more particularly, the title-deeds and on the strength of khatiyan, it cannot be construed that the claimants are having alienable rights and title of interest upon the property and to say that they are entitled for claiming any compensation. [6] In view of the submission made at the Bar, the impugned judgment and award dated 26.09.2024 passed in Misc (L.A.) 243 of 2016 by the Court below is set aside and the case of the appellant is remanded back for fresh adjudication on the strength of the documents that would be submitted by the parties. Both the parties are at liberty to place sufficient evidence before the Court below and make their respective arguments. And the Court below shall frame a fresh issue on the point of title-deeds of the claimant(s). 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 Sabyasachi. G. SABYASACHI GHOSH Digitally signed by SABYASACHI GHOSH Date: 2025.04.10 14:29:10 +05'30'