Joydeb Ghosh v. State Of West Bengal & ORS

10.08.2021 jb.

W.P.A. 249 of 2020 (Joydeb Ghosh vs. State of West Bengal & Ors.) Mr. Kingsuk Mondal ....For the Petitioner Mr. R. N. Dutta Mr. S. Bhattacharyya .... For the State Mr. T. M. Siddiqui .... For the Respondent The grievance of the petitioner is directed against non-payment of compensation in respect of a submersible pump/shallow pump in the subject premises which has been acquired by the State. Pursuant to a direction of this Court, the State filed a report which reveals that the land of the petitioner was acquired for the purpose of Tata Small Car Project vide L.A. proceeding No. IV-15 of 2006-07. By an order dated 31st August, 2016 passed by the Hon'ble Supreme Court the land of the petitioner has subsequently been returned to the petitioner. It is further submitted on behalf of the State respondents that upon enquiry, it appears that there is no existence of any structure of pump house or any shallow motor pump at the regular premises. Accordingly, the petitioner is not entitled to any compensation.

I am of the view that in view of the categorical stand taken by the State that there is no existence of any structure or pump house or any shallow motor pump at the subject premises, there is no question of the petitioner being entitled to any further compensation.

In view of the aforesaid, I find no merit in this writ petition and the writ petition being W.P.A. 249 of 2020 is dismissed.

The report filed on behalf of the State is kept on records.

There shall be no order as to costs.

Photostat certified copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Ravi Krishan Kapur, J.)