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Calcutta High CourtWPA/14354/2025disposed

Ashish Mondal And ORS. v. State Of West Bengal And ORS.

2025-09-10Hon'Ble Justice Partha Sarathi Sen3 pages

N.22Sl WPA 14354 of 2025 151/CL Ashish Mondal & Ors.

-vsThe State of West Bengal & Ors.

10.09.2025 SL-17 Ct.19 (S.R.) Mr. Amit Kumar Pan Ms. Tanusri Santra ... for the petitioners.

Mr. Chandi Charan De, Ld. AGP Mr. Soumitra Bandyopadhyay Ms. Suchana Banerjee ... for the State.

1. At the time of hearing, Mr. De, learned Additional Government Pleader appearing on behalf of the respondent/State in his usual fairness submits before this Court that since the land of the writ petitioners, particulars of which have been mentioned in paragraph 2 of the instant writ petition, has been substantially utilized by the respondent/State after requisition under Act II of 1948 and since even after expiry of the lifetime of the Act II of 1948 no award was published, an appropriate order may be passed against the respondent no.2/authority commanding him to compensate the writ petitioners by payment adequate consideration money by applying direct purchase policy.

2. Mr. Pan, learned advocate appearing on behalf of the writ petitioners submits before this Court that

though in the instant writ petition, the writ petitioners have prayed for determination of compensation in terms of the provisions of the Act XXX of 2013 but, for the present, the writ petitioners are agreeable to accept the consideration money from the respondent no.2/authority by way of purchase policy.

3. In view of such, this Court while disposing the instant writ petition directs the respondent no.2/authority to take appropriate steps for initiating direct purchase policy in respect of the land of the writ petitioners, particulars of which have been mentioned in paragraph 2 of the instant writ petition, and to pay adequate consideration money in terms of the said purchase policy to the writ petitioners.

4. The entire exercise, as indicated in the forgoing paragraph including disbursement of consideration money, shall have to be made by the respondent no.2/authority in favour of the writ petitioners within 180 working days from the date of communication of the server copy of this order.

5. Liberty is given to the learned advocate-on-record for the writ petitioners to communicate the server copy of this order to the respondent no.2/authority.

6. The respondent no.2/authority is directed to act on the basis of the server copy of this order.

7. The time limits as fixed by this Court are mandatory and peremptory.

8. With the aforementioned observations, WPA 14350 of 2025 is disposed of.

9. There shall, however, be no order as to costs. 10.

Urgent Photostat certified copy of the order if applied for, be made over to the parties as expeditiously as possible.

(Partha Sarathi Sen, J.)