Swapan Ghosh And ANR v. State Of West Bengal And ORS.

26.09.2022 rc/ct.no.10 Item No.121 WPA No. 10953 of 2022 Mr. Panchanan Hajra ...for the Petitioners Mr. Susovan Sengupta Mr. Subhendu Sengupta ...for the State The petitioners complain that their land was requisitioned according to the West Bengal Land (Requisition and Acquisition) Act, 1948 (hereinafter referred to as the "said Act of 1948") but the land was not acquired subsequently. In the meantime the said Act of 1948 stood repealed with effect from March 31, 1997. The petitioners filed a representation before the respondent no. 3 on 05.05.2022 for release of their land and payment of compensation but the said representation has not been considered till date. The petitioners pray for consideration of the said representation by the concerned authority.

Having considered the submissions made by the learned counsels appearing on behalf of the parties and the material on record, I dispose of the writ petition with a direction upon the respondent no. 3 to consider and dispose of the representation filed by the petitioners on 05.05.2022 within a period of three months from the date of communication of this order, after giving reasonable opportunity of hearing to all the affected parties including the petitioners, in accordance with law.

In the event the authority takes a decision in favour of the petitioners, necessary consequential steps be taken by the authority within a month thereafter.

With the above observations and directions this writ petition is disposed of.

There shall be, however, no order as to costs. Since no affidavit in opposition 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 on usual undertakings. (Suvra Ghosh,J)