Jaheda Bibi v. State Of West Bengal And ORS.

Court No. 19 WPA 343 of 2026 (265719) Jaheda Bibi Vs.

The State of West Bengal & Ors.

Mr. Siddhartha Sarkar Ms. Tanuja Basak ...for the petitioner 04.02.2026 (AD 26) (S. Banerjee) Mr. Lalit Mohan Mahata, Ld. AGP Mr. Ziaul Haque ...for the State Mr. Biswamber Jha Mr. Sujit Bhunia Ms. Munmun Mishra ...for the Union of India Affidavit of service filed in Court today is taken on record.

The petitioners claim that their property being Plot No. 13, Khatian No. 643, J.L. No. 141, Structure No. 82 within Mouza Andarboni, under Police Station Dubrajpur in the District of Birbhum were acquired for the purpose of four-laning Development/improvement of National Highway No.60 under the provisions of the National Highways Act, 1956 in L.A. Case No. 04/2022-2023. The competent authority initially computed the compensation amount. It is not in dispute that the compensation amount initially determined by the competent authority has been disbursed and the

petitioners have received the same. The petitioners raised an objection as to the measurement of the property and the structure which was the subject matter of acquisition.

Pursuant thereto a remeasurement was undertaken and after such exercise the compensation amount was reassessed.

The learned advocate appearing for the petitioners submits that the balance amount upon reassessment of the compensation amount has not yet been released in favour of the petitioners for which the petitioners by a letter dated 20.08.2024 requested the Executive Engineer, National Highway Division No. XII P.W. (Roads) Directorate to disburse the balance amount.

Mr. Mahata, learned Additional Government Pleader submits that the amount initially assessed has already been paid to the petitioners and the balance amount after reassessment shall be paid within the time limit as may be fixed by this Court. Mr. Mahata submits that the requiring body is the National Highway Authority of India and such authority should deposit the balance amount before the competent authority.

Mr. Jha, learned senior advocate appears for the Union of India.

Since the amount of compensation initially determined has been increased upon reassessment, the balance amount should be released in favour of the petitioners as expeditiously as possible. The Special Land Acquisition Officer, Birbhum being the 3rd respondent is directed to release the balance amount after revision of the compensation amount upon re-measurement by the end of the Month of March, 2026 to the petitioners. It will be open to the competent authority to take appropriate steps and issue necessary direction to the requiring body for deposit of the said amount.

With the above observations, this writ petition stands disposed of.

There shall be however no order as to costs.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Hiranmay Bhattacharyya, J.)