HIGH COURT OF TRIPURA _A_G_A_R_T_A_L_A_ WP(C) No.690 of 2022 v. Issue rule upon
Case at a glance
Outcome
Disposed of
In view of above, the present writ petition stands disposed of
Provisions considered
Judgment
For Respondent(s) : Mr. D. Bhattacharjee, G.A. Mr. S. Saha, Advocate. HON’BLE THE CHIEF JUSTICE (ACTING) _O_ R_ D_ E_ R_ 08/12/2022 Heard Mr. P. Roy Barman, learned senior counsel assisted by Ms. A. Debbarma, learned counsel appearing for the petitioner. Also heard Mr. D. B. hattacharjee, learned G.A. assisted by Mr. S. Saha, learned counsel appearing for the respondents. The petitioner has prayed for the following reliefs: i. Issue rule upon the respondents to show cause as to why writ in the nature of mandamus and/or order or direction of like nature shall not be issued whereby directing the respondents to provide resettlement and rehabilitation entitlement to the petitioner in terms of Schedule-II and III of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, with interest for payment beyond statutory period. ii. Issue rule upon the respondents to show cause as to why writ in the nature of mandamus and/or order or direction of like nature shall not be issued whereby directing the respondents to provide homestead land measuring 2 gandas (in tune with 0.05 acre acquired land) to the petitioner. iii.
Issue rule upon the respondents to show cause as to why writ in the nature of mandamus and/or order or direction of like nature shall not be issued whereby directing the respondents to provide one time choice annuity of Rs.5 lakhs to the petitioner. iv. Issue rule upon the respondents to show cause as to why writ in the nature of mandamus and/or order or direction of like nature shall not be issued whereby directing the respondents to provide Rs.1,50,000/- under the head of transportation cost to the petitioner. v. Issue rule upon the respondents to show cause as to why writ in the nature of mandamus and/or order or direction of like nature shall not be issued whereby directing the respondents to provide Rs.50,000/- under the head of transportation cost to the petitioner. vi. Issue rule upon the respondents to show cause as to why writ in the nature of mandamus and/or order or direction of like nature shall not be issued whereby directing the respondents to provide Rs.30,000/- per month under the head of subsistence grant for a period of 1 year from the date of award to the petitioner. vii.
Issue rule upon the respondents to show cause as to why writ in the nature of mandamus and/or order or direction of like nature shall not be issued whereby directing the respondents to provide Rs.50,000/- under the head of one time resettlement allowance to the petitioner. viii. Issue rule upon the respondents to show cause as to why writ in the nature of mandamus and/or order or direction of like nature shall not be issued whereby directing the respondents to provide monthly rent @Rs.10,000/- per month to the petitioner for a period of 1 year from the date of requisition till providing the land to the petitioner. ix. Make the rule absolute.” In the present writ petition, the petitioner has prayed for providing her rehabilitation and resettlement entitlements in terms of Schedule- II and III of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 whereby, respondents are duty bound to provide land equivalent to acquired land and Rs.1,50,000/- for provision of house units in case of displacement, Rs.5,00,000/- or job under the head of choice annuity, Rs.3,000/- per month under the head of subsistence grant for a period of 1 year from the date of award, Rs.50,000/- under the head of transportation cost and Rs.50,000/- under the head of one time resettlement allowance and Rs.10,000/- per month as rent from the date of award till the date of proving the land to the petitioner.
Operative part
The petitioner filed representations before the respondents. There is no response. The petitioners’ homestead land measuring 0.05 acre, recorded under plot No.6804/16029, Khatian No.3559, Sheet No.5 situated within Mouja Fatikcherra, Sub-division-Mohanpur, District- West Tripura, was acquired in terms of the notice, dated 05.01.2021 in c/w LA Case No.01/MNP/2020, vide apportionment Sl. No.51, by the competent authority i.e. the Addl. D.M & Collector-II for NH-108B and the petitioner has been paid only Rs.5,99,406/- as award. In view of above, the present writ petition stands disposed of directing the respondents to consider the representation filed by the petitioner in accordance with law. The entire exercise shall be completed within a period of two months from the date of receipt of the copy of this order. CHIEF JUSTICE (ACTING) A. Ghosh
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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