Goutam Kumar Jana And ORS. v. State Of West Bengal And ORS.

01.04.2024 01.04.2024 Ct. No.10 b.das WPA 12219 of 2022 Goutam Kumar Jana & Ors.

Vs.

The State of W.B. & Ors.

Mr. Gouranga Kr. Das ...for the petitioners.

Affidavit of service filed by the petitioners is taken on record.

None appears for the respondents despite service. Mr. Chandi Charan De, who usually appears for the State and is present in Court, is requested to represent the State in the matter. His appointment be regularized by the office of the learned Legal Remembrancer.

The petitioners should serve copy of the writ petition along with all annexure thereto to Mr. De in course of this day.

Heard learned counsels for the parties.

It is contended on behalf of the petitioners that their land has been utilized by the respondents for construction of embankment in the cyclone affected area adjacent to river Chenei in Mouza-Dakshin Durgapur. The land has neither been acquired nor any compensation paid for the same.

The petitioners have submitted representations in this regard before the concerned authority (annexure P-6 to

the writ petition), which are yet to be considered. The petitioners pray for a direction upon the authority to consider the representations submitted by them at the earliest.

Learned counsel for the State respondents submits that the 3rd respondent be directed to consider the representations in accordance with law.

In view of the above, the writ petition is disposed of directing the 3rd respondent to consider and dispose of the representations submitted by the petitioners (annexure P-6 to the writ petition) within three months from the date of communication of this order upon affording reasonable opportunity of hearing to all the interested persons including the petitioners, in accordance with law. In the event the petitioners are entitled to compensation, such compensation be disbursed in their favour within two months thereafter.

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 supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)