Laxmi Pan v. State Of West Bengal & ORS

30.07.2021 30.07.2021 Ct. No.10 b.das W.P.A. 11807 of 2019 (Via Video Conference) Laxmi Pan Vs.

State of W.B. & Ors.

Mr. Partha Pratim Roy ....for the petitioner.

Mr. Chandi Charan De Mr. A. Sarkar ...for State.

Heard the parties.

The grievances of the petitioner is directed against the non-consideration of an application filed under Section 18 of the Land Acquisition Act.

It is submitted on behalf of the petitioner notwithstanding the pendency of the application. The respondent No.2 has taken any steps to dispose of the said application.

Mr. De appearing on behalf of the State respondents submits that he has no objection if a direction is passed to consider and dispose of the application under Section 18 of the said Act in accordance with law within a stipulated time frame.

I have heard the parties.

The respondent No.2 is directed to consider and dispose of the application filed by the petitioner under

Section 18 of the Land Acquisition Act, 1894 within a period of three months from date after giving a right of hearing to all the affected parties.

I make it clear that I have not gone into the merits of the aforesaid application so filed under Section 18 of the Land Acquisition Act, 1894 and the respondent No.2 is directed to decide the same in accordance with law without being bound by any observation made in this matter.

I reiterate that the question of maintainability of the petition would be decided by the respondent No.2 strictly in accordance with law within the aforesaid time period but after giving a right of hearing to all the parties. With the aforesaid directions, WPA 11807 of 2021 stands disposed of, however, there will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Ravi Krishan Kapur, J.)