Sadhan Mondal v. Dinesh Mishra Special Land Acquisition Officer Nadia

IN THE HIGH COURT AT CALCUTTA

Special Civil Jurisdiction Appellate Side C.P.A.N. 720 of 2025 in W.P.A. 26771 of 2024 Sadhan Mondal VS Mr. Dinesh Mishra, Special Land Acquisition Officer, Nadia Mr. Golam Mastafa Mr. Tarasankar Samanta Mr. Kazi Asif Iqbal Mr. Ashrafur Rahman .... For the petitioner Mr. Susovan Sengupta Mr. Subir Pal .... For the alleged contemnor Affidavit of service filed in Court today is taken Court No. 2 19.9.2025 (Item No. 14) (AB) on record.

This is a contempt proceeding arising from an order dated November 20, 2024.

The relevant direction arising whereof this contempt petition has been filed is quoted below from the order dated November 20, 2024:

"In view of the above, the Respondent No. 2 is directed to provide and serve the award determining the compensation in respect of the land acquired by the State in question positively within a period of four weeks from the date of communication of this order."

Referring to a communication dated January 2, 2025, annexure P-3 at page 17 to the contempt application Mr. Golam Mostafa, learned advocate

appearing for the petitioner submits that, merely the quantum was informed to the petitioner which is appended thereto at page 18 to the application and not the copy of the award.

Mr. Susovan Sengupta, learned advocate appearing for the alleged contemnor refers to a communication of the concerned department dated February 19, 2025, annexure P-5 at page 24 to the writ petition and submits that, the contemnor has already been requested to collect the copy of the award and then upon necessary application being submitted to collect the certified copy of the award. This has not been done till date by the petitioner. Mr. Sengupta has placed a copy of the award dated January 21, 2013 with all necessary quantification and details before this Court today, the same is taken on record. Copy has been made over to Mr. Golam Mastafa, learned advocate appearing for the petitioner today in Court.

In view of the above, the petitioner shall be at liberty to obtain the certified copy of the award from the jurisdictional authority upon compliance of all necessary formalities required in law within a period of two weeks from date. The petitioner then shall be at liberty to initiate appropriate proceedings strictly in accordance with law, if the petitioner is entitled to do so in law to challenge the quantification of the award before the appropriate jurisdictional forum positively

within a period of next four weeks from the date of issuance of the certified copy.

The rest of the direction in the order dated November 20, 2024 stands without any modification and alteration and steps shall be taken strictly in accordance therewith.

It is made clear that, this order shall not create any right or equity in favour of the petitioner, if the petitioner initiates proceeding challenging the award, if otherwise found not to be maintainable strictly in accordance with law but the same shall also to be adjudicated in accordance with law.

With the above observations and directions, this contempt proceeding CPAN 720 of 2025 stands dropped and closed.

Accordingly, CPAN 720 of 2025 stands disposed of.

(Aniruddha Roy, J.)