Basudev Golui & ORS v. State Of West Bengal & ORS

jdt.

14.03.2022 jb.

W.P.A. 1315 of 2020 (Basudev Golui & Ors. vs. State of West Bengal & Ors.) Mr. Bikram Banerjee ... For the Petitioners Mr. Soumitra Bandyopadhyay Mr. Subhasish Bandyopadhyay ... For the State Mr. Arkadeb Biswas Ms. Dipa Acharyya ... For the Respondent No. 5 It is contended on behalf of the petitioners that the private respondent was the erstwhile owner of the plot in question which was acquired by the State respondents vide L.A. case No. 14 (NHAI) of 2009-2010.

The petitioners purchased the plot from the private respondent by virtue of a registered deed dated 28th March, 2015. The petitioners have approached the State respondents for payment of compensation in their favour.

Notice was issued to the petitioners by the Land Acquisition Officer, Howrah on 27th September, 2018 requesting the petitioners to submit certain documents in support of their

claim. Though the petitioners attended the said hearing and submitted all required documents, no order has been passed by the Authority till date.

The private respondent submits an affidavit stating that this respondent has no claim over the compensation granted by the State respondents qua the plot in question and has no objection if such compensation is paid to the petitioners.

Such affidavit is taken on record.

In view of the fact that notice of hearing was issued by the Land Acquisition Officer on 27th September, 2018 and the hearing is in progress as submitted by the petitioners and the private respondent, this Court is of the view that the concerned Authority should be directed to conclude the said hearing by a reasoned order after giving reasonable opportunity of hearing to all the interested parties including the petitioner, in accordance with law within a stipulated period of time.

Accordingly, W.P.A. 1315 of 2020 is disposed of directing the 2nd respondent to conclude the hearing pending before him, if not already concluded, after giving reasonable opportunity of hearing to all the interested parties including the petitioners within one month from the date of communication of this order. The decision taken by the Authority shall be communicated to the petitioners within a week thereof.

W.P.A. 1315 of 2020 is thus disposed of.

There shall be no order as to costs.

Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.

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

(Suvra Ghosh, J.)