Milan Ch. Mandal v. State Of West Bengal & ORS.

March 28, 2023

(22) ARDR WPA 3533 of 2019 Milan Chandra Mondal Vs.

The State of West Bengal & Ors.

Adv. Satyajit Mondal, Adv. Amit Bikram Mahata, ...for the petitioner.

Adv. Susovan Sengupta, Adv. Subir Pal, ...for the State.

Affidavit of service filed by the petitioner is taken on record.

On prayer of the petitioner, liberty is granted to implead the Special Land Acquisition Officer, Alipore, South 24 Parganas, as respondent no.12 in the writ petition.

The cause title of the writ petition be amended accordingly.

It is contended on behalf of the petitioner that he is the recorded owner of the plot in question which has been utilised by the respondents for construction of road under Pradhan Mantri Gramin Sadak Yojana Scheme. The land has not been acquired, nor any compensation paid to the petitioner for the same. The petitioner seeks to submit a comprehensive representation before the concerned authority ventilating his grievance and prays for a direction upon the authority to consider the representation at the earliest.

Learned counsel for the State respondents denies and disputes the contention of the petitioner and submits that the 12th respondent be directed to consider the representation in accordance with law.

In view of the above, the writ petition is disposed of with liberty to the petitioner to submit a comprehensive representation before the 12th respondent within ten days from date. The 12th respondent is directed to consider and dispose of the representation within one month from the date of receipt thereof upon affording reasonable opportunity of hearing to all the interested persons including the petitioner, in accordance with law. The decision taken by the authority shall be communicated to the petitioners within a week thereof. With the aforesaid directions, WPA 3533 of 2019 is disposed of.

There shall however, be no order as to costs. Since no affidavit in opposition 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 on usual undertakings.

(Suvra Ghosh, J.)