Kinkar Chandra Ghosh v. State Of West Bengal And ORS.

22,DL,Ct.18 24.03.2021.

AJ.

W.P.A. 7459 of 2021 Kinkar Chandra Ghosh -Vs- The State of West Bengal & Ors.

Mr. Debayan Bera, Mr. Uttam Kumar Mandal.

... for the petitioner.

Mr. Chandi Charan De, Ld. Addl. Govt. Advocate, Mr. Anirban Sarkar.

....for the State.

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

The petitioner complains that his land was requisitioned under Section 3 of the West Bengal Land (Requisition and Acquisition) Act, 1948 in Act II Case No. 60/1976-77 but, till date, no compensation has been awarded to him and without acquisition a portion of the said land has been exploited by the State for the purpose of construction of road.

The petitioner prays that the State may be directed either to pay requisition compensation and/or damage to the petitioner or to release the said land.

Mr. Chandi Charan De, learned Additional Government Pleader submits that in terms of the notification bearing no. 756-LP/1A-03/14(Pt-II) dated February 25, 2016 the State is willing to purchase the portion of the said land already

exploited and to release the remaining part of said land if the petitioner approaches the appropriate authority for such relief.

That being the stand of the State, W.P.A.

7459 of 2021 is disposed of granting liberty to the petitioner to file representation within four weeks from date before the appropriate authority for the relief as suggested by Mr. De, and if such representation is filed, the authority should dispose it of expeditiously.

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

No order as to costs.

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.)