Tripura High Court expresses disappointment over NIT Agartala’s refusal to conduct a structural audit of a disputed building, citing faculty workload. Court asks Tripura Institute of Technology to inspect the structure and submit a detailed stability evaluation report within four weeks.
The Tripura High Court has expressed strong disappointment over the National Institute of Technology (NIT), Agartala, declining to conduct a detailed structural stability evaluation of a disputed building in a pending case. The Civil Engineering Department of NIT Agartala cited the heavy workload of its faculty members as the reason for its inability to undertake the technical assessment.
A Division Bench comprising Chief Justice M S Ramachandra Rao and Justice Biswajit Palit made the observation while hearing a writ appeal concerning allegations related to the construction of the building. The court said that a National Institute exists to serve the public good and assist other institutions, including courts, whenever specialised technical issues arise for consideration.
The Bench considered a letter dated August 27 written by the Professor and Head of the Civil Engineering Department, NIT Agartala, to the Chief Engineer of the Public Works Department (PWD), Roads and Buildings division, Government of Tripura.
In the letter, the NIT Civil Engineering Department stated that it would not be possible to conduct the requested detailed structural stability evaluation because its faculty members were occupied with teaching responsibilities, ongoing research projects and administrative duties. The department further pointed to preparations for upcoming postgraduate admissions and mid-semester examinations, which it said required the uninterrupted availability of faculty members.
The High Court expressed its dissatisfaction with the position taken by the institute.
“We are totally disappointed by the stand taken by the Professor & Head, Civil Engineering Department, National Institute of Technology (NIT), Agartala,” the Bench observed in its order.
The court further remarked that it was unfortunate that the institute could not spare the limited time required to assist the court in resolving a technical issue related to the disputed structure.
Following the refusal by NIT Agartala, the Division Bench turned to the Tripura Institute of Technology (TIT), Narsinghar, Agartala, for technical assistance. The court requested the Director of TIT to depute competent employees from its Civil Engineering Department to carry out the necessary tests and inspect the building in question.
The High Court directed the institute to conduct the required technical assessment and submit a detailed Structural Stability Evaluation Report, Field Test Report or Technical Audit Report within four weeks.
The court also directed that its order be communicated to the Principal of the Tripura Institute of Technology, Narsinghar. The matter has been listed for further hearing on October 7, 2026.
The writ appeal was filed by Habul Sarkar and another against the State of Tripura and others. The dispute relates to allegations concerning the construction and use of a building and questions surrounding compliance with the sanctioned building plan.
In an earlier order dated April 22, the High Court had recorded the appellants’ allegation that the builder had obtained permission to construct residential premises comprising basement plus ground and four upper floors (B+G+4). However, according to the appellants, a furniture shop-cum-godown was constructed on the ground floor, allegedly in violation of the building rules and regulations of the Agartala Municipal Corporation.
The appellants had also raised concerns about the quality of construction and alleged deviations from the sanctioned building plan. These allegations have made the structural assessment particularly relevant to the proceedings before the High Court.
The court had earlier referred to provisions of the Tripura Municipal Act, 1994, concerning the municipality’s responsibilities in monitoring construction. Under Section 130, the municipality is required to inspect buildings or works for which building plans have been submitted while construction is in progress. The court also referred to Sections 132 and 133, which provide for action against illegal construction if such violations are established through inspection.
The earlier proceedings also recorded the appellants’ contention that the Agartala Municipal Corporation had issued a notice on June 25, 2025, directing the builder to stop the alleged illegal construction. However, the appellants claimed that despite the notice, no further effective action was taken and construction continued.
Against this background, the latest order places emphasis on obtaining an independent technical assessment of the disputed structure. The report to be prepared by the Civil Engineering Department of TIT is expected to provide the court with technical findings regarding the structural stability and other relevant aspects of the building.
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The High Court’s direction ensures that the structural evaluation will now proceed through another technical institution, after NIT Agartala declined the assignment citing academic, research and administrative commitments. The findings submitted by TIT will be considered in the further proceedings when the matter comes up before the Bench on October 7.
