Smt. Gouri Bagui v. State Of West Bengal & ORS

30.01.2024 rc/ct.no.10 Item No.24 WPA No. 7626 of 2018 With CAN No. 1 of 2023 Smt. Gouri Bagui Vs.

The State of West Bengal & Ors.

Mrs. Sutapa Sanyal ...for the Petitioner Mr. Soumitra Bandyopadhyay Mr. Aniruddha Sen ...for the State Mr. Debabrata Banerjee Mr. Samir Chakraborty ...for the HIDCO Heard learned counsels for the parties.

It appears from the reply given by the Additional Land Acquisition Officer, North 24 Parganas to the application filed by the petitioner under the Right to Information Act, 2005 that the land of the petitioner has been acquired and compensation awarded to the owner, being the petitioner herein. The reply further demonstrates that the compensation amount of Rs.1,63,403/- has not been received by the awardee/ petitioner till June 30, 2017 when the reply was furnished. The petitioner has submitted a representation before the concerned authority on November 09, 2017 requesting the authority to disclose the method of calculation of the quantum of compensation due to the petitioner and for consideration of her case. The representation is yet to be considered. The petitioner prays

for a direction upon the authority to consider the representation at the earliest.

It is submitted on behalf of the respondents that the plot in question was acquired vide LA Case No. 4/102 of 1998-99 and possession of the plot was made over to the requiring body on May 04, 1999.

Learned counsel for the State submits that the 4th respondent be directed to deal with the representation submitted by the petitioner in accordance with law. In view of the above, this writ petition is disposed of directing the 4th respondent to consider and dispose of the representation submitted by the petitioner dated November 09, within six weeks from the date of communication of this order upon affording reasonable opportunity of hearing to all concerned including the petitioner, in accordance with law.

The decision taken by the authority shall be communicated to the petitioner within a week thereof. With the above observations and directions this writ petition being WPA No. 7626 of 2018 is disposed of. The connected application being CAN No. 1 of 2023 is also disposed of accordingly.

There shall however be no order as to costs.

Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted.

Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh,J)