Manisha Naskar v. The State Of West Bengal And ORS.

21.02.2022 Ct. No.10 b.das W.P.A. 2371 of 2022 (Via Video Conference) Manisha Naskar Vs.

State of W. B. & Ors.

Mr. P. P. Roy Mr. Dyutiman Banerjee ...for the petitioner.

Heard learned counsels for the petitioner.

It is submitted on behalf of the petitioner that the State respondents have utilized a portion of the property owned by her without acquiring the same, for the purpose of construction of a road. No compensation was paid to the petitioner for the same.

The petitioner submitted a representation before the concerned authority in this regard on 11th January, 2022, pursuant to which a letter was issued by the Block Development Officer, Joynagar-1 to the Executive Engineer, PW (Roads), Dimond Harbour Highway Division Directorate on 18th January, 2022 requesting him to look into the matter. The petitioner complains that no further communication was made to her in respect of the said issue.

Upon consideration of the submissions made on behalf of the parties, this Court is of the view that as a

comprehensive representation submitted by the petitioner before the authority is pending, the concerned authority should be directed to consider the same for payment of adequate compensation to the petitioner within a stipulated period of time.

Accordingly, the writ petition is disposed of by directing the 7th respondent to consider the dispose of the representation submitted by the petitioner on 11th January, 2022, within a period of one month from the date of communication of this order, after giving reasonable opportunity of hearing to all the interested parties including the petitioner, in accordance with law. The decision taken by the authority shall be communicated to the petitioner within a week thereafter. With the above observations and directions this writ petition being WPA 2371 of 2022 is disposed of. However, there shall be 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 supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)