Ananda Tarafdar v. State Of West Bengal & ORS

06.08.2021 jb.

W.P.A. 564 of 2020 (Ananda Tarafdar vs. State of West Bengal & Ors.) Mr. Goutam Wilson .... For the Petitioner Mr. C. C. De Mr. Haripada Maity Mr. Anirban Sarkar .... For the State The grievance of the petitioner is directed against nonpayment of compensation by the State respondents in respect of the acquisition of the subject premises.

It is submitted on behalf of the State that so far as the subject premises are concerned, the entire premises has been acquired in L.A. Case No. LAII/105 of 76-77 for a purchase initiated by the Kolkata Metropolitan Development Authority. He further submits that the subject premises were handed over to the requiring body on 15th May, 1978 along with other plots. Subsequently the award was declared on 7th September, 1989. The name of the writ petitioner has not been featured in the list of awardees. It appears that the petitioner has purchased the subject premises only in 2019 i.e. long after conclusion and finality of the aforesaid land acquisition case. In view of the aforesaid, Mr. De. prays for dismissal of the writ petition.

Heard the parties. It appears from records that the petitioner is a post acquisition purchaser. The petitioner admittedly purchased the subject premises only in 2019 whereas the aforesaid land acquisition proceedings initiated by the State had been finally

concluded on 7th September, 1989. As such the petitioner can have no legal right to compensation.

In view of the aforesaid there is no merit in this writ petition and the same being W.P.A. 564 of 2020 is dismissed. 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.)