Sk. Serajul & ORS v. State Of West Bengal & ORS

jdt.

16.02.2023 jb.

W.P.A. 2379 of 2018 (Sk. Serajul & Ors. vs. State of West Bengal & Ors.) Mr. Mukteswar Maity .... For the Petitioners Mr. Soumitra Bandyopadhyay Mr. Priyabrata Batabyal .... For the State Heard learned counsels for the parties.

The petitioners claim to be recorded owners of the plots in question and submit that a portion of the said plots have been utilised by the Irrigation and Waterways Department for constructing river embankment without acquiring the same or paying any compensation to the petitioners. The petitioners pray for a direction upon the concerned authority to hold a joint field verification of the plots in question in order to ascertain whether any portion of the petitioners' land has been utilised by the authority and for demarcation of such utilised portion.

It is submitted on behalf of the State respondents that such joint field verification shall enable the authority to identify the portion of the land utilised by them.

Upon consideration of the submission made on behalf of the parties, this Court is inclined to hold that the Executive Engineer, Irrigation and Waterways Division being the 9th respondent herein be directed to hold joint field inspection of the plots in question in presence of the petitioners or their authorised representatives in order to assess whether any portion of the said plots has been utilised by the authority without acquisition and the exact quantum of the same. Such exercise shall be completed within a period of

three months from the date of communication of this order. Report of such field verification be placed before the 4th respondent for consideration of compensation, if any. In the event it is found that the land of the petitioners or any portion thereof has been utilised by the authority, necessary consequential steps be taken by the authority within a month thereafter upon affording reasonable opportunity of hearing to all the interested persons including the petitioners, in accordance with law.

It is made clear that this Court has not gone into the merits of the case and the petitioners shall be at liberty to place their contention as made out in the writ petition before the authority at the time of hearing.

With the aforesaid observations and directions the writ petition is 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.)