Ashok Kumar Patra v. Union Of India And ORS.

26.04.2023 rc/ct.no.10 Item No.23 WPA No. 2252 of 2023 Ashok Kumar Patra

Versus

Union of India & Ors.

Mr. Partha Pratim Roy Mr. Sougata Mitra Mrs. Ankita Dey .....for the petitioner Mr. Chandi Charan De Mrs. Reshmi Rahaman ...for the State Mrs. Monika Roy ....for the NHAI Affidavit of service filed in Court today is taken on record.

On the prayer of the petitioner leave is granted to implead the Commissioner, Pashim Medinipur Division, Keranitala, Hospital Road, Post Office- Paschim Medinipur, District - Paschim Medinipur, learned Arbitrator as respondent no. 9 in this writ petition.

The cause title of this writ petition be amended accordingly.

Written instructions submitted by the learned counsel appearing on behalf of the State-respondent is taken on record.

Heard learned counsels appearing on behalf of the parties.

The petitioner is aggrieved by the compensation granted to him for acquisition of his land by the respondents and has submitted an application under

Section 3G(5) of the National Highways Act, 1956 (hereinafter referred to as "the Act of 1956") before the learned Arbitrator on 9th December, 2022. The said application is yet to be considered.

The petitioner prays for a direction upon the concerned authority to consider the said application at the earliest.

It is submitted on behalf of the State-respondents that the 9th respondent be directed to consider the application in accordance with law.

In view of the above, the writ petition is disposed of directing the 9th respondent to consider and dispose of the said application submitted by the petitioner on 9th December, 2023 within a period of two months from the date of communication of this order, after giving reasonable opportunity of hearing to all the affected persons including the petitioner, in accordance with law. It is needless to mention that the decision taken by the authority shall be communicated to the petitioners within a week thereafter.

It is made clear that this Court has not gone into the merits of this case and the concerned authority is at liberty to deal with the matter independently in accordance with law.

With the above observations and directions this writ petition is disposed of.

There shall be, however, no order as to costs.

Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh,J)