Barun Mandal v. State Of West Bengal And ORS.

D/L- 21 18/02/2026 Ct. No.-19 Aritra WPA 2107 of 2024 Barun Mandal Vs.

The State of West Bengal & Ors.

Mr. Suman Basu Ms. Debleena Chatterjee Ms. Debapriya Ghosh Mr. Swagatam Gupta ....for the petitioner Mr. Soumitra Bandyapadhyay, Sr. Govt. Adv.

Mr. Srinath Singha Roy ....for the State Ms. Manika Roy Ms. Ankita Chowdhury Mr. Atanu Sur ....for the NHAI The petitioner has approached this Court praying for a direction upon the respondent authorities to pay compensation in accordance with law. The petitioner claims that C.S. Plot Nos.1383 and 1389 under C.S. Khatian No.106 within Mouza-Surikhali under Police Station-Uluberia in the District-Howrah were owned by the predecessor-in-interest of the petitioner. The petitioner claims to have acquired right, title and interest in respect of the aforesaid two plots by virtue of inheritance upon the death of his father.

The petitioner alleges that the aforesaid plots were not acquired by the State authorities but the same have been utilised for the purpose of widening of the National Highway..

State has filed the status report. It has been specifically stated in the status report that 0.46 acre of land pertaining to C.S. and R.S. Plot Nos.1383 and 1389 of Mouza-Surikhali was acquired vide L.A. Case No.9 (Act-I) of 1956-1957 and L.A. Case No.44 (Act-I) of 1962-1963 for the public purpose of construction of National Highway 6 and its extension at Khalisani and Surikhali in the District of Howrah.

Award was declared in favour of Mongalmoyee Dasi in respect of the plot Nos.1383 and 1389 in the year 1957 and 1967 respectively.

It is the specific stand taken of the State that the aforesaid plots stood vested with the State and the same has been utilised for a public purpose. Though the acquisition process was initiated sometimes in the year 1956-1957 and 1962-1963, and awards were also declared long back, the petitioner has approached this Court only in the year 2024.

The petitioner is at present aged about 48 years as would be evident from the affidavit in support of the writ petition. The petitioner was not even born at that point of time when the plots were acquired.

The petitioner approached this Court with the allegations that his properties have been utilised without initiating any proceeding for acquisition.

Since the award was declared in the name of the processor-in-interest of the petitioner, this Court is not

inclined to grant any relief to the petitioner, who has approached the Court only in the year 2024 and the inordinate delay has not been explained by the petitioner. For all the reasons as aforesaid, this Court is not inclined to grant any relief to the petitioner. Accordingly, WPA 2107 of 2024 stands dismissed. There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)