Mrinmoy Ghosh And ORS. v. The Union Of India And ORS.

ML 21 07.07.2025 Court. No. 19 GB W.P.A. 6722 of 2025 Mrinmoy Ghosh & Ors.

Vs.

The Union of India & Ors.

Mr. Uday Sankar Chattopadhyay, Ms. Rajashree Tah, Ms. Trisha Raksit, Ms. Bidisha Chakraborty, Ms. Aishwarya Datta, Ms. Sadia Parveen ... for the Petitioners.

Mr. Dwijadas Chakraborty ... for the Union of India.

Mr. Sk. Md. Galib, Mr. Manish Biswas ... for the Respondent Nos.2 to 6 & 8 to 10.

1. The affidavit-of-service as filed today on behalf of the petitioners is taken on record.

2. By filing the instant writ petition the writ petitioners have prayed for issuance of appropriate writ/writs against the respondent authorities for taking appropriate steps for acquisition of land and/or disbursement of compensation under Act-30 of 2013.

3. At the time of hearing, Mr. Chattopadhyay, learned advocate appearing on behalf of the writ petitioners at the very outset draws attention of this Court to page no.41 of the instant writ petition being a copy of a 'no objection declaration' as executed by one Shib Chandra Ghosh, since deceased, the predecessor-ininterest of the present writ petitioners.

4. It is submitted by Mr. Chattopadhyay that on the basis of such no objection declaration the respondent authorities are substantially utilising the land of the

writ petitioners without initiating any process for acquisition and/or for disbursement of compensation.

5. Drawing further attention of this Court to several other pages, namely, page nos.52 to 54 of the instant writ petition, it is further submitted by Mr. Chattopadhyay that the writ petitioners made several representations with the various respondent authorities, but in vain.

6. It is, thus, submitted by Mr. Chattopadhyay that appropriate relief/reliefs may be granted to the writ petitioners in terms of the prayers made in the instant writ petition.

7. Mr. Galib, learned advocate appearing on behalf of the respondent nos.2 to 6 and respondent nos.8 to 10, that is, the State and its instrumentalities submits before this Court that the petitioners are not entitled to any relief as prayed for in view of the fact that the predecessor-in-interest of the present writ petitioners permitted the respondent authorities to install an Arsenic Free Water Project in the land in question.

8. On careful perusal of the entire materials as placed before this Court it reveals that by issuing a no objection declaration the predecessor-in-interest of the present writ petitioners permitted the respondent authorities to install the aforementioned water project in his land. In view of such, this Court finds that by no stretch of imagination it can be presumed that the respondent authorities are using the land/lands of the

writ petitioners illegally and/or without obtaining any consent of the owner of the land.

9. Since the action of the predecessor-in-interest of the present writ petitioners binds the writ petitioners and since the writ petitioners have miserably failed to ventilate violation of any constitutional right and/or fundamental right, this Court is not inclined to entertain the instant writ petition.

10. Accordingly, with the aforementioned observation the instant writ petition being WPA 6722 of 2025 is dismissed.

11. However, there shall be no order as to costs.

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

(Partha Sarathi Sen, J.)