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HIGH COURT OF TRIPURA

_A_G_A_R_T_A_L_A_

WP(C) No.336 of 2023

1. Sri Subhash Debnath son of late Jogendra alias Jogesh Chandra Debnath,

aged 68 years.

2. Sri Abinash Debnath son of late Jogendra alias Jogesh Chandra Debnath,

aged 69 years.

Both are resident of 6/Mahadeb Para, Taranagar, Mohanpur, West Tripura,

P.O. Mohanpur, P.S. Sidhai, Sub-Division- Mohanpur, District- West

Tripura.

...... Petitioner(s)

V E R S U S

1. The State of Tripura to be represented by the Secretary, Revenue

Department, Government of Tripura, New Secretariat Building, Capital

Complex, Kunjaban, P.S. New Capital Complex, Agartala, West Tripura,

Pin-799010.

2. The Competent Authority for NH-108B, (Additional DM & Collector,

West Tripura, Agartala), O/o the DM & Collector, West Tripura, Agartala,

Government of Tripura, Old Secretariat Building, Agartala, Pin-799001.

3. The District Magistrate & Collector, West Tripura, District, O/o the DM

& Collector, West Tripura, Agartala, Government of Tripura, Old

Secretariat Building, Agartala, Pin-799001.

4. The Sub-Divisional Magistrate, Mohanpur, West Tripura District,

Government of Tripura, O/o- SDM, Mohanpur.

5. The LA Collector, Agartala, West Tripura, O/o- LA Collector, West

Tripura, Office Lane, Agartala, Pin-799001.

6. Sri Sishu Debnath, S/o. Umesh Chandra Debnath, resident of Mohanpur,

Taranagar, West Tripura, P.O. Mohanpur, P.S. Sidhai, Sub-Division-

Mohanpur, District- West Tripura.

7. Sri Champak Debnath, S/o. Sribash Debnath, resident of Mohanpur,

Taranagar, West Tripura, P.O. Mohanpur, P.S. Sidhai, Sub-Division-

Mohanpur, District- West Tripura.

8. Sri Chitta Debnath, S/o. Amar Chand Debnath, resident of Mohanpur,

Taranagar, West Tripura, P.O. Mohanpur, P.S. Sidhai, Sub-Division-

Mohanpur, District- West Tripura.

......Respondent(s)

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For Petitioner(s) : Mr. P. Roy Barman, Sr. Advocate,

Mr. Samarjit Bhattacharjee, Advocate.

For Respondent(s) : None.

HON’BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH

Date of hearing and judgment : 31^st May, 2023.

JUDGMENT & ORDER (ORAL)

Heard Mr. P. Roy Barman, learned senior counsel assisted

by Mr. Samarjit Bhattacharjee, learned counsel for the petitioners.

[2]

The present writ petition has been filed by the petitioners, Sri

Subhash Debnath and Abinash Debnath, son of late Jogendra alias Jogesh

Chandra Debnath the original awardee in LA Case No.01/ MNP/2020 in

respect of which notice under sub-section (1) of 3H of The National

Highways Act, 1956 was issued upon the awardees, namely, Rayati

Chitta Debnath, son of Amarchand Debnath, Jogendra Chandra Debnath,

son of Sashimohan Debnath and Umesh Chandra Debnath, son of

Sashimohan Debnath of Mohanpur and one unregistered deed occupier

Ram Kumar Das, son of Mahananda Das asking them to get

compensation towards awarded value of Rs.77,19,974/-. Petitioners

alleged that instead of disbursement of 1/3^rd share of the award in favour

of the petitioners, who are legal heirs of the original awardee Jogendra

Chandra Debnath, son of Sashimohan Debnath, the entire amount has

been disbursed to Sri Sishu Debnath, son of Umesh Chandra Debnath, Sri

Champak Debnath, son of Sribash Debnath and Sri Chitta Debnath, son

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of Amarchand Debnath vide letter No.9766/70 dated 18.06.2021

(Annexure-6) issued by the competent authority/Additional District

Magistrate & Collector, West Tripura in connection with the same LA

case. It is however also pointed out that the letter No.9766/70 dated

18.06.2021 shows that it is on the subject of Correction of Award