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Tripura High Court

Party Name : Subrata Das & Ors vs The State Of Tripura & Ors on 10 April, 2017

Author: S.Talapatra

Bench: S.Talapatra

Case No :WP(C) 0000446/2017


Party Name : SUBRATA DAS & ORS Vs THE STATE OF TRIPURA & ORS


THE HONBLE MR. JUSTICE S.TALAPATRA


Heard Mr. S.S. Debnath, learned counsel appearing for the petitioner.
By means of this writ petition, the petitioner, from whom a piece of land has been acquired
for extending, widening and double laning of National Highway 44, has asserted that for the
said acquired land award has been passed giving the compensation to the extent of
Rs.85,22,875/-. Out of the said awarded amount, the petitioner has been paid a sum of
Rs.76,85,587/- by a cheque. But the remainder of the award to the extent of Rs.8,37,288/-
has not been paid without assigning any reason whatsoever. Even the petitioner filed a
representation demanding payment of the said amount, but without any result and thus the
petitioner has been persuaded to file this petition.
Mr. B. Majumder, learned CGC has appeared for the respondent No.4 and Mr. A. Lodh,

learned standing counsel for N.F. Railways has appeared for the respondents No. 2 and 3 whereas Mr. B. Banerji, learned counsel has appeared for the respondents No.4, 5 and 6. Mr. B. Banerji, learned counsel appearing for the respondents No.4, 5 and 6 has submitted that he has no instruction in this regard why the said amount has been kept unpaid. Mr. Lodh, learned standing counsel, N. F. Railways has submitted that deduction has been made at source to discharge the statutory obligation from the IT Act. Be that as it may, the petitioner is entitled to get the entire sum of the award and the respondents do not have any authority to hold back any amount, unless the deduction has been made for discharging statutory obligation. If this amount has been deducted for purpose of income tax or for any other tax exigible in this circumstances, in that event of course, the petitioner shall be entitled to the certificate of deduction. In that view of the matter, the respondents are directed to release the remainder of the award as indicated above to the petitioner within a period of 30(thirty) days from today with interest.

In the event of statutory deduction, the respondents shall issue the certificate of deduction acknowledging such deduction forthwith.

In terms of the above, this writ petition stands allowed.

There shall be no order as to costs.

A copy of this order be furnished to the learned counsel for doing their needful.