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Calcutta High CourtWPA/5668/2021disposed

Kinshuk Giri v. State Of West Bengal And ORS.

2021-03-09Hon'Ble Justice Biswajit Basu2 pages

09.03.2021 (S/L-19) Ct.-18 (P. Jana) (Via Video Conference) W.P.A. 5668 of 2021 Sri Kinshuk Giri -Vs- The State of West Bengal & Ors.

Mr. Supratick Syamal, ....... For the Petitioner.

Mr. Chandi Charan De, Adl. G.P.

Mr. Anirban Sarkar, ....... For the State.

Affidavit of service filed in Court today be kept with the record.

The petitioner no. 1 organization was in unauthorized occupation of PWD land. The petitioner no. 1 was removed from the possession of the said land in execution of the work of construction of High Level Bridge on the river Hatania-Doania.

The petitioner sought information under the provision of the Right to Information Act, 2005 as to whether any compensation has been awarded in their favour on account of its dispossession. The Joint Block Development Officer, Namkhana Development Block, 24- Parganas (South) in response to the said query provided the information that a compensation of Rs.

35,72,858/- has been awarded in favour of the petitioner no. 1.

The petitioner thereafter by a representation through his learned advocate Mr. Dilip Kumar Shyamal dated November 20, 2020 demanded disbursement of the said compensation to the Additional District Magistrate (LA), 24-Parganas (South) the respondent no. 2 herein.

The grievance of the petitioner is that till date the respondent no. 2 has not paid the said compensation in response to the aforesaid representation.

WPA 5668 of 2021 is disposed of by directing the respondent no. 2 to dispose of the representation given by the petitioner through his learned advocate Mr. Dilip Kumar Shyamal dated November 20, 2020 appearing at page 16 of the writ petition being Annexure P-3 within a period of twelve weeks from the date of communication of this order, if necessary after giving the petitioners an opportunity of hearing. No order as to costs.

Since no affidavit-in-opposition has been invited, the allegations made in the writ petition are deemed to have been denied by the respondents.

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

(Biswajit Basu, J.)