Nanda Rani Mondal And ORS v. State Of West Bengal And ORS.

M/L 24 09.06.2025 Court. No. 19 Sourav WPA 14871 of 2023 Smt. Nanda Rani Mondal & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Partha Pratim Roy Mr. Anirban Das Mr. Samrat Chakraborty ... for the petitioners.

Mr. Chandi Charan De, Ld. AGP Mr. Anirban Sarkar ... for the State.

1.

The affidavit-of-service as filed today is taken on record.

2.

This Court has heard Mr. Roy, learned advocate appearing on behalf of the writ petitioners and Mr. De, learned Additional Government Pleader appearing on behalf of the respondent/State and its functionaries. 3.

On careful perusal of the entire materials as available in the instant writ petition, it reveals to this Court that it is the grievance of the writ petitioners that though the writ petitioners' predecessor's name was recorded in respect plot number 3101 in Khatiyan 1283 in Mouza - Phatarghata and in view of the fact that the said plot of land was acquired in a land acquisition proceeding under Act 1 of 1894 for Rajarhat New Township project the writ petitioners and/or their predecessor-in-interest were/was not paid any compensation for the same.

4.

Such contention is, however, opposed on behalf of the State. It is submitted by Mr. De that in the said land

acquisition process, compensation has already been disbursed to the recorded owners in connection with the relevant land acquisition proceeding.

5.

On careful consideration of the entire materials as placed before this Court and after hearing the learned advocates for the contending parties, this Court finds that justice would be sub-served, if the respondent no. 6/authority is directed to consider the representation of the writ petitioners as submitted before him under cover of a letter dated 26.12.2022 issued by the writ petitioners' learned advocate.

6.

In view of such, while disposing the instant writ petition, this Court directs the respondent no. 6/authority to consider the letter dated 26.12.2022 as written by the writ petitioners' learned advocate as a representation of the writ petitioners and after giving an opportunity of hearing to the writ petitioners and/or their authorized representative(s) and/or all other interested persons, if therebe any shall pass a reasoned order and shall forthwith communicate the said reasoned order to the writ petitioners, preferably by mail, if the mail details of the writ petitioners are provided to him at the time of hearing.

7.

The entire exercise as indicated hereinabove is to be completed by the respondent no. 6/authority within 90 working days from the date of communication of the server copy of this order.

8.

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

9.

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. 6/authority for his immediate compliance.

10. The time limit as fixed by this Court is mandatory and preemptory.

11.

It is further made clear that in the event while passing the reasoned order, the respondent no. 6/authority finds that the writ petitioners are entitled to compensation as prayed for, he is directed to take appropriate steps soon thereafter for assessment and disbursement of compensation, if therebe any in favour of the writ petitioners.

12.

With the aforementioned observation, the instant writ petition being WPA 14871 of 2023 is disposed of. 13.

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

(Partha Sarathi Sen, J.)