Sanjoy Kr Ghosh & ORS v. State Of West Bengal & ORS

SK Ct. No. 18 01.03.2021 W.P.A. No. 4210 of 2020 (Via Video Conference) Sanjoy Kumar Ghosh & Ors.

Vs.

The State of West Bengal & Ors.

Md. Younush Mondal ... For the petitioners. Mr. Soumitra Bandyopadhyay, Mr. Tulsidas Roy ... For the State respondents. The petitioners are apprehensive of forceful dispossession from their lands by the State respondents in execution of the work of Barasat Bypass.

Mr. Bandyopadhyay, learned counsel appearing on behalf of the State respondents files the report of the Additional Land Acquisition Officer, 24 Parganas (North), Barasat, the respondent no. 3 herein, dated June 15, 2020, which is taken on record.

The said report discloses that the lands of the petitioners are not the subject-matter of any acquisition proceeding.

The allegation of the petitioners has not been substantiated by any evidence, as such, appears to be baseless. Needless to say, that the possession of the petitioners over their own lands cannot be taken away without due process of law.

W.P.A. 4210 of 2020 is disposed of with the above observations. No order as to costs.

Since no affidavit 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 subject to compliance with all requisite formalities.

(Biswajit Basu, J.)