The Supreme Court in the case Union Of India vs. State Of Tripura observed wherein the land dispute arose, the Assam Rifles Ground between the Union of India and the State of Tripura.
The Division bench comprising of Justice Hrishikesh Roy and Justice Prashant Kumar Mishra in the case observed and has disposed of the matter.
The court observed that the land is in possession of the Assam Rifle. Thus, it may be noted that Assam Rifles comes under the Ministry of Defence, Union of India.
Therefore, the Revenue Entries concerning this land were corrected and recorded as ‘Tripura Sarkar’ by Tripura’s Revenue Department.
Further, the Union approached the Supreme Court by filing an original suit under Article 131 of the Constitution of India and wherein seeking for permanent injunction against the State of Tripura from taking over the title of Suit Land.
It being the Union’s stance that the land of ‘Tripura Rifles’ was given to ‘Assam Rifles’, in the year 1951, via a Presidential Order.
The court stated that the State authorities, acting in quasi-judicial authority, had no jurisdiction to change revenue entries.
It has also been contended by Tripura that it was within statutory power to correct the Revenue entries. Besides this, it also assailed the maintainability of the suit.
On the other hand, it has been argued by the State that the land dispute cannot be adjudicated under Article 131 of the Constitution of India. The court observed that the settlement has now been reached between the parties. As per the terms of this settlement, the Government of Tripura will be allowed to hold Ceremonial Functions, the Republic Day Parade, Independence Day Celebrations, etc. and other important functions or events on this ground.
However, a request for the same will have to be made by the State government.
The court while considering the facts and circumstances of the case stated that the necessary correction in the Revenue records in the name of Assam Rifles will have to be made within three months. Accordingly, the Supreme Court disposed of the petition.
