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Judgment
Heard Mr. S. Das, learned counsel appearing for the petitioners and also heard Mrs. S. Deb (Gupta), learned counsel appearing for the Airport Authority of India Ltd.
By means of filing the present writ petition the petitioner No.1 has prayed for a direction upon the respondents to dispose of her representation filed on 18.08.2017. The representation is reproduced herein, for ready reference:
"To
The District Magistrate & Collector,
West Tripura, Agartala,
Subject: Prayer for appropriate compensation award for trees in land acquired for Agartala Airport through re-survey of the land.
L.A.Case No.11/MNP/2013 (Suppl.) 01 under Apportionment Sl.No.26 Mauja-Lankamura, Tehsil-Lankamura, Sheet No.-1/p.
Petitioner's Name & address: Smt. Gita Biswas, W/o Lt. Babul Lal Biswas of Lankamura, P.S.-West Agartala, West Tripura.
Respected Sir,
With humble respect I would like to draw your kind attention that the petitioner's husband Babu Lal Biswas became the owner of the plot of land under Khatian-1633 bearing Sabek plot no.161p,162p, land measuring 1 kani within District West Tripura, Revenue Circle-Mohanpur, Tehsil & Mouja-Lankamura by purchasing through Registered Sale Deed bearing No-I-1568 dated 13.09.1997 from the son of Lt. Hari Charan Namasudra namely Sri Sunil Sarkar and the legal heirs of another son of Hari Charan Namasudra i.e. Wife, son and daughter of Lt. Haridhan Sarkar. And from that onwards petitioner along with her family members were living happily on that plot as owner and possessor till now.
Presently, that plot of land was acquired for the expansion & development work of Agartala Airport vide L.A. Case No.11/MNP/2013 (Suppl.) under Apportionment Sl.No.26. In that particular plot of land the petitioner had planted some essential and expensive trees like Jackfruit, Mehgony, Sagun, Gamai, Olive trees in total 210 trees for which only Rs.37,022/- as compensation has been awarded on 24.04.2014 by the Authority which is very less as compared to present market value. So, please sir, kindly re-survey the particular plot of land and correct the compensation amount of trees.
Under the above mentioned circumstances, the Ld.Authority would graciously be pleased enough to consider the prayer of the applicant and would take effort for re-survey of the plot of land mentioned above and make correction of the compensation award for trees and other plantation in L.A. Case No.11/MNP/2013 (Suppl.) 01 under Apportionment Sl.No.26 and pass necessary order as deem fit and proper for the fair end of justice.
AND
For this act of kindness, the petitioner as in duty bound shall ever pray."
It is the grievance of the petitioners that the said representation has not been disposed of till today. The dispute between the petitioners and the respondents were cropped up due to alleged faulty assessment of actual number of trees. The question that has been raised in this petition being a disputed question of facts, this court in exercise of its jurisdiction under Article 226 of Constitution of India would not decide the correctness of the assessment. However, the learned counsel for the petitioners has submitted that the representation submitted by the petitioner No.1 has not been disposed of till today.
In view of this submission, I particularly, the Collector, West Tripura, representation of the petitioner No.1 dated period of 3(three) months from the date furnish a copy of this order to such authority. direct the authority, to dispose of the 18.08.2017 within a the petitioners shall
With the aforesaid terms, the writ petition stands disposed.