Manik Sain v. Eastern Coalfields Limited

29.08.2023 29.08.2023 Ct. No.10 b.das WPA 6879 of 2021 Manik Sain Vs.

Eastern Coalfields Limited.

Mr. Anshunath Chakraborty ...for the petitioner.

Ms. Tanushree Dasgupta ...for ECL.

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

Heard learned counsels for the parties.

The petitioner claims to be the recorded owner of the plot in question and submits that the respondent authorities have initiated process of acquisition of land surrounding the petitioner's land, for operation and completion of AB PIT Mega Project and have published a notification to that effect.

The petitioner submits that if the authority acquires land surrounding the petitioner's land, the petitioner's plot, which shall be left out, shall become unusable and be damaged due to operation of the project.

The petitioner submitted a representation before the concerned authority on 30th December, 2020 requesting the latter to acquire/purchase his land for the said purpose. The representation is yet to be considered. The petitioner prays for a direction upon the concerned authority to consider the representation at the earliest.

It is submitted on behalf of the respondents that the 3rd respondent/his delegatee be directed to consider the representation, in accordance with law.

In view of the above, the writ petition is disposed of directing the 3rd respondent/his delegatee to consider and dispose of the representation submitted by the petitioner dated 30th December, 2020 within two months from the date of communication of this order, upon affording reasonable opportunity of hearing to all the stakeholders including the petitioner, in accordance with law. The decision taken by the authority shall be communicated to the petitioner within a week thereafter. With the above observations and directions the writ petition being WPA 6879 of 2021 is disposed of. However, there shall be no order as to costs. Since no affidavit 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 supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)