Calcutta High CourtWPA/6130/2020disposed

Sabina Bibi & ORS v. State Of West Bengal & ORS

2020-09-14Hon'Ble Justice Shampa Sarkar2 pages

14.09.2020 Court No. 05 Item No. 6 CP WPA 6130 of 2020 With IA NO. CAN/1/2020 (Old NO. CAN 4393 of 2020) Sabina Bibi & ors.

vs.

State of West Bengal & ors.

Mr. Pankaj Halder, Mr. Ranjit Singh.

.....for the petitioners.

Mr. Pantu Deb Roy, Mr. Subrata Guha, ...for the State.

The petitioners claim to be affected by the Cyclone Amphan. It is submitted by the petitioners that they have approached the competent authority for compensation as victims of the devastation but no steps have yet been taken by the respondents. The learned advocate for the State respondents submits that applications of the petitioners were received on July 20, 2020. An enquiry was made and out of the 143 writ petitioners, 78 writ petitioners have already been favoured with the compensation. It is also submitted that with respect to other writ petitioners the enquiry process is going on. Under such circumstances, as the State Government has already taken steps with regard to the prayers of the petitioners, this writ petition is disposed of with a direction upon the Sub-Divisional

Officer, Diamond Harbour to conclude the enquiry process as expeditiously as possible and pass orders with regard to the claim for compensation. If it is found that the writ petitioners are eligible then compensation should be released within eight weeks from completion of the enquiry process. If it is found that some of the petitioners are ineligible then a reasoned order should be communicated to them within the aforesaid period.

With regard to the submissions made by the petitioners that they are yet to receive compensation and the submission that 78 petitioners have been given the compensation is not correct, this Court is of the view that the case of the writ petitioners will be reviewed and upon judging their eligibility and the extent of damage assessed, the compensation will be paid within the aforesaid period. If some of the petitioners have already received the compensation then the matter be closed with regard to them. CAN 4393 of 2020 is also disposed of.

There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible subject to compliance of all usual formalities.

(Shampa Sarkar, J.)