Sk Anwar Ali v. State Of West Bengal And ORS.

D/L 07 15.05.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 3971 of 2024 Sk. Anwar Ali Vs.

The State of West Bengal & Ors.

Mr. Parikshit Goswami ...for the Petitioner.

Mr. Ashis Kumar Guha Ms. Benezir Ahmed ...for the State.

Mr. Debanjan Mukherjee ...for the WBSEDCL.

.

1. The petitioner seeks compensation on account of utilization of the private land of the petitioner by WBSEDCL.

2. From the documents annexed to the writ petition, it appears that the petitioner approached this Court on an earlier occasion by filing WPA 8805 of 2023 which stood disposed of by the Court on 24th April, 2023 granting liberty to the petitioner to apply in appropriate format for due compensation by producing supporting documents in respect of the petitioner's interest with regard to the property.

3. The Divisional Engineer (E) & Station Manager, Champadanga, CCC, WBSEDCL vide communication dated 29th August, 2023 passed a reasoned decision clearly mentioning that at the time of hearing the petitioner did not submit any supporting documents for compliance of the order of the Court.

4. Though the learned advocate for the petitioner submits that all documents were submitted before the authority, however, there is no proof of submission of documents annexed to the writ petition. In the absence of proper evidence, the submission of the learned advocate for the petitioner, as regards filing documents before the authority, cannot be accepted.

5. It will be open for the petitioner to act in accordance with the liberty granted by the Court on 24th April, 2023. If the petitioner is able to supply documents in support of his claim before the authority, then necessary steps shall be taken by the authority for assessment and subsequent payment of compensation, if any, in accordance with law.

6. The writ petition stands disposed of.

7. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all the requisite formalities.

(Amrita Sinha, J.)