South End Education Society And ANR v. The State Of West Bengal And ORS.

28.11.

Ct. No.

WPA 2004 of 2025 South End Education Society and another Vs.

State of West Bengal and others.

--------------- Mr. Debabrata Ray.

... for the petitioners.

Mr. Sk. Md. Galib, Ms. Sujata Mukherjee.

... for the State.

Ms. Paromita Malakar (Dutta).

... flro the WBIC.

1. This writ petition is directed against the alleged Ab inaction of the respondents in responding to the petitioners'

application for information dated December 22, 2022 under the Right to Information Act, 2005.

2. At the very outset, Mr. Galib, learned Advocate appearing on behalf of the State respondents has handed up to Court a copy of the status report forwarded to him by the Special Land Acquisition Officer (G), Howrah dated February 11, 2025 along with annexure being notifications dated August 22, 1961, October 26 1961; copy of the certificates of possession dated November 25, 2064 and April 29, 2064, copy of the relevant pages of award passed in Land Acquisition Case NO. 14/2 of 14/2 of 19611962. The instructions handed to the Court reveal as follows:

"1. The suit land pertains to L.R. Plot No. 3163, 3164, 3165, 3166 & 3181 corresponding to R.S.

Plot No. 2739/3067, 2739, 2740, 2741 & 2756 respectively of Mouza- Unsani, J.L No. 110 under P.S. Jagacha of District- Howrah.

2. On scrutiny of available office records it appears that R.S. Plot NO. 2740, 2741 & 2756 of Mouza - Unsani was fully acquired in favour of Eastern Railway for public purpose of construction of Mouraigram - Dankuni Link Project vide Land Acquisition proceeding No. L.A. 14 of 1961-1962.

3. Another R.S. Plot - 2739 of Mouza- Unsani is also entirely acquired vide LA Case No. 8 of 19631964 for the same public project in favour of the Eastern Railway as per provision of Land Acquisition Act, 1894.

4, Notification u/s 4(1a) OF Land Acquisition Act, 1894 [Act - I of 1894] bearing No. 13690 L.A. Howrah was published in Calcutta Gazette on August 22, 1961 for acquisition of 151.18 acre of land in total including the suit land of MouzaUnsani [copy of 4(1a) Notification annexed as - 1]

5. Declaration u/s 6 of the said Act-I of 1894 was also published in Calcutta Gazette bearing No. 17004 dated 26/10/1961 for L. A. Proceeding 14 (Act- I) of 1961-1962 and with No. 20738 L. A. Dated 06/12/1963 for L. A. proceeding 8(Act-I) of 1963-1964. [Copy of declaration annexed as R-2 & R-3]

6. Possession of suit plot alongwith several other Plots of Mouza- Unsani was handed over to the Assistant Engineer, Andul -Calcutta Chord Line [Project], Eastern Railway on 01/05/1964 & 25/11/1964. [Copy of Possession Certificate annexed as R-4 & 5]

7. Both the Land Acquisition proceeding reached its finality by declaring award u/s. 11 of Act-I of 1894 in favour of the recorded tenants of suit land and the same was duly disbursed long back in the year 1964. [Copy of relevant pages of award annexed as R-6]"

3. Let such instruction be taken on record. Copy thereof has also been served to the petitioners in Court today.

4. The aforesaid report in effect answers the queries raised by the petitioners by way of their application for information dated December 22, 2022 under the

Right to Information Act, 2005.

5. In such view of the matter, nothing further remains to be decided or to be ordered in this writ petition.

6. WPA 2004 of 2025 stands disposed of with the above observations.

7. Photostat certified copy of this order, if applied for, be given to the parties on priority basis.

(Om Narayan Rai, J.)