Dipa Rani Saha vs State Of Tripura And Ors

Heard Ms. A. Debbarma, learned counsel appearing for the petitioner.

Issue notice calling upon the respondents to show cause as to why a Rule should not be issued as prayed for; and/or any other such further order(s) shall not be passed as to this Court may deem fit and proper having regard to the circumstances of the case.

Notice is made returnable on 27.11.2020.

Ms. A. Debbarma, has submitted that the petitioner is on the brink of an imminent danger of eviction for issuance of the notice dated 28.07.2020 (Annexure-2 to the writ petition). While issuing that notice, the respondents have completely ignored the fact that the petitioner and her family have been living on that piece of land comprised in plot No.6068 measuring 0.009 acre under Khatian No.11407, Mouja-Agartala, Sheet No.-15. Admittedly, the said plot is recorded as the government land and the petitioner is occupying that land without any allotment from the government. Ms. Debbarma, learned counsel has asserted that in terms of Rule 6 of the Tripura Land Revenue and Land Reforms (Allotment) Rules, 1980 the petitioner is in the category of the person who is supposed to be considered for allotment as she is landless and she does not have any house, except the house that she has built on the said land. According to Rule 6(iv) of the said Rules, any person not owning any house or a site for constructing house and who intends to build the house for personal habitation can be considered for allotment of land for construction of a dwelling house. Thus, the petitioner shall not be evicted from the said land and she be allotted the said land for construction of house.

Mr. D. Bhattacharjee, learned GA has vehemently opposed such prayer and submitted that the petitioner does not have indefeasible right to claim allotment of a particular land on the basis of the occupation. Rule 6 (iv) gives the premise for consideration of allotment of land but not to a specific land. Mr. Bhattacharjee, learned GA has submitted that Government of Tripura in the Urban Development Department has taken up a big project over that land garnering huge investment. The project is for benefit of urban people who do not have their houses.

Mr. Bhattacharjee, learned GA has further submitted that the notice for eviction was issued on 28.07.2020 and the petitioner has approached this bench now and as such no interim order may be passed. While perusing records as produced by the writ petitioner, it appears that on 31.10.2020, the petitioner had again applied for allotment of the said land by filing a representation to the District Collector, West Tripura, Agartala.

This court, however, even cannot come to prima-facie observation that the petitioner does have inalienable right to continue the possession. Even if the petitioner does have any right relating to possession, this is not the forum to approach. However, since this court has issued notice, the respondent No.2 may consider the application of the petitioner for allotment by the returnable date.

Steps for service of notice on the respondents No. 3 and 4 shall be taken by the petitioner by 17.11.2020 by registered post with AD. In addition, the petitioner is also permitted may complete service by dasti.

A copy of this order be supplied to Mr. D. Bhattacharjee, learned GA appearing for the respondents No.1 and 2.