The Supreme Court told the Tripura government not to consider the land at the centre of a land dispute with Assam Rifles as its property. “Tell your highest authority not to make it a political issue,” the bench said.
Abraham Thomas: The Supreme Court on Monday rebuked the Tripura government for not handing over the title of a 121 acres in Agartala city to Assam Rifles, which has been in its possession since 1951.
A bench of justices MR Shah and BV Nagarathna said, “This matter is to be resolved by the state government of Tripura and Assam Rifles with the intervention of Union government without making it a prestige issue and an issue of ego. The decision is to be taken in the larger interest of the country.”
The bench adjourned the matter for two weeks after solicitor general Tushar Mehta on behalf of the Centre told the court that talks were underway to resolve the matter. “A discussion at the highest level between the MHA and the home secretary, state of Tripura will solve the problem. I am hopeful that something will come out if one more chance is given,” Mehta told the court.
The bench said, “We hope and trust that in larger public interest and in the interest of security, wiser counsel will prevail and the matter will be amicably resolved between the parties. To give one more opportunity to settle the dispute amicably with intervention of the Union government, we adjourn the matter to February 28.”
The court was hearing a suit filed by Union of India against Tripura government over a piece of land in possession of Assam Rifles, measuring 121.358 acres at Mauja Bhati, Abhoy Nagar. This land was transferred to Assam Rifles by a Presidential Order in November 1951. It has since remained with them.
However, a full-blown legal battle broke out after the Tripura government in 2005 claimed in its revenue records that the land belongs to Tripura administration. The Assam Rifles challenged this order under the Tripura Land Revenue and Land Reforms Act 1960, which was reiterated in 2013. This led to the suit filed by Union government on behalf of Assam Rifles in the Supreme Court in 2015.
On Monday, when the suit came up for hearing, the Tripura government represented by senior advocate Rana Mukherjee sought an adjournment on the ground that a committee constituted by the ministry of home affairs (MHA) at the Centre has examined the issue, held a meeting on November 22, and submitted a report in December last year asking Tripura to regularise the land in favour of the Assam Rifles. As the decision was not acceptable to the state, a communication was issued to the committee on January 27 to review its decision. The adjournment was sought pending a decision on the state’s review.
The top court did not appreciate the delay. With the state revenue officials present during the court proceedings conducted virtually, the bench said, “Don’t take it as if this is your state property. It is India’s property. Do you think we will say to Assam Rifles to vacate the property? The Centre has tried to find a via media. Tell your highest authority not to make it a political issue.”
Initially, the land in question possessed by Assam Rifles measured 169.179 acres. Later, close to 46 acres land was purchased by the state government leaving about 121 acres in the present dispute. The state contended that this land was its property even though it never objected to the same being possessed by Assam Rifles. The state relied on the order of May 25, 2005 passed by Director, Land Records and Settlement declaring it as state land.
The Centre, on the other hand, maintained that in a state survey conducted in the year 1983-84, the revenue department of Tripura recorded the title/ownership over the land in dispute in favour of police department of central government. Further, the Centre argued that the May 2005 order of the state violated North Eastern Area (Reoriganization) Act, 1971 as it entrenched upon the issue of deployment of armed forces – a subject falling under the Union List in the Constitution.
