Mukundalal Roy v. The Union Of India And ORS

20.05.2026 Sl. No.39 Ct. No.14 gd

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/6877/2023 MUKUNDALAL ROY VS THE UNION OF INDIA AND ORS.

Mr. Arnab Roy Mr. Saibal Rakshit ...for the Petitioner.

Mr. Syed Nurul Arefin ...for the Respondent No.4.

1.

By the present writ petition the petitioner seeks direction upon the respondent authorities to pay compensation to the petitioner for land owned by the petitioner and acquired at their instance as per relevant provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

2.

The petitioner contends that his mother was the absolute owner of the plots of land lying and situated in plot nos.647, 648, 649, 651, 659, 664, 677, 683, 710, 728/738, 253, 256, 257, 258, 260, 264, 265, 270, 389, 492, 494, 497, 506, 508, 593 and 635 comprised in Khatian No.212, Village and MouzaPahargora, JL No.064, Police Station-Salanpur, District-Burdwan (Paschim) and Plot Nos.673, 690, 704, 713, 261, 273, 278, 338, 340, 368, 414, 427,

439, 445, 502, 505, 507, 522, 535, 538, 556 and 249 comprised in Khatian No.211, Village and MouzaSamdi, District-Burdwan (Paschim). The petitioner purchased some of the plots of land from his mother by virtue of a Registered Deed of Conveyance vide Deed No.3060 for the year 2005 and became the absolute owner of the plots of land being Plot Nos.453, 457, 468, 553, 593, 659, 668, 351 and 308 comprised in Khatian No.535 along with Plot Nos.338, 340 and 672 comprised in Khatian No.535 along with Plot Nos.256, 257, 258, 260, 264, 265 and 270 comprised in Khatian No.268 along with Plot No.191 comprised in Khatian No.191 along with Plot Nos.502, 505, 522, 535, 538, 333, 345, 378, 379, 461, 647, 649, 710, 651, 673, 690, 713, 413, 648 and 439 comprised in Khatian No.222 also with Plot Nos.498, 353, 414, 497, 497 and 508 comprised in Khatian No.

225, Village and Mouza-Pahargora, JL No.064, Police Station-Salanpur, District-Burdwan (Paschim). The respondent no.4, Eastern Coalfields Limited (in short ECL) through its men and agents started mining and excavation work and construction of road illegally over the said land without obtaining any permission from the petitioner. Further no compensation was paid. The petitioner made several representations before the ECL authority and lastly on 6th December, 2022 for redressal of his grievance.

However, no steps have yet been taken. Hence this writ petition.

3.

Mr. Arnab Roy, learned advocate for the petitioner submits that the matter be relegated to the respondent no.4 for taking a decision with regard to the representation of the petitioner dated 6th December, 2022 in accordance with law.

4.

Mr.

Syed Nurul Arefin, learned advocate representing respondent no.4, Eastern Coalfields Limited concedes that the matter be sent to the ECL authority which will take decision in accordance with law after verification of records. 5.

In view of the submissions advanced by learned advocates for respective parties, respondent no.4, Eastern Coalfields Limited is directed to take a decision with regard to the representation of the petitioner dated 6th December, 2022 and dispose of the same by passing a reasoned order in accordance with law upon notice to the petitioner within a period of six weeks from the date of communication of this order.

6.

The reasoned shall be communicated to the petitioner within one week from the date of passing of such reasoned order.

7.

Learned advocate for the petitioner is directed to communicate this order to the respondent no.4, Eastern Coalfields Limited for necessary action.

8.

With the above direction, the writ petition being WPA 6877 of 2023 stands disposed of.

9.

Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

10.

Interim order, if any, stands vacated.

11.

All connected applications, if any, stand disposed of. 12.

There shall be no order as to costs.

13.

All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

14.

Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)