Mourjan Molla @ Moharjan Molla And ORS v. The State Of West Bengal And ORS.

12.12.2024

IN THE HIGH COURT AT CALCUTTA

Ct. No. 2 Constitutional Writ Jurisdiction Sl. No. 42 Appellate Side Moumita WPA 8986 of 2024 Mourjan Molla @ Moharjan Molla & Ors.

Vs The State of West Bengal & Ors.

Mr. Saumen Gayen Mr. Sandipan Maity ...... For the Petitioners Mr. Supratim Dhar Mr. Sandip Chattopadhyay ....For the State Respondent Affidavit-of-service, filed in court today, is taken on record.

This order shall be effected subject to payment of the balance six number of court fees before the department by the petitioners.

Mr.

Sandipan Maity, learned Counsel appears for the petitioners.

Mr. Supratim Dhar, learned Senior Advocate appears for the respondents.

The petitioners claim that the land of their predecessors-in-interests as fully described in paragraph 2 to the writ petition was acquired by the State authority for public purpose but the compensation has not yet been paid.

Learned State counsel has placed a report dated July 23, 2024 issued under the signature of the respondent no. 5, the same is taken on

record. The report shows that the compensation is determined and lying with the State authority but the petitioners have not collected it. Even the cheque is also lying ready for making payment to the land losers.

In view of the above respondent no. 4 shall immediately issue a communication in the names of the petitioner informing them what are the records and documents to be produced before it to enable the petitioners to receive the payment of compensation from his office.

Such communication shall be issued by the respondent no. 4 positively within a period of two weeks from the date of communication of this order. The communication shall also specify the date, time and place where the petitioners shall submit all the necessary information and records.

In course of such exercise if the respondent no. 4 finds from records that several other interested parties are there identical notice shall also be served upon them.

Upon receiving such communication from the respondent no. 4 the petitioners and other interested parties, if any, shall attend the office of the respondent no.4 on the date, time and at the place to be specified under the communication

with all relevant documents and information and the respondent no. 4 upon being satisfied shall release and pay the compensation to the petitioners and other interested parties, if any, positively within a period of six weeks from the date of receiving information and documents from the petitioners and other interested parties, if any.

Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents. With the above observations and directions this writ petition, WPA 8986 of 2024 stands disposed of, without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)