Arup Kr. Mondal And ANR. v. Subhasis Patra And ANR.

08.06.2023 08.06.2023 Ct. No.10 b.das CPAN 701 of 2022 in WPA 5392 of 2021 Mr. Ziaul Haque Mr. H. K. Mahata ...for the applicants/petitioners.

Mr. Chandi Charan De Ms. Reshmi Rahman ...for the contemnors/State.

Heard learned counsels for the parties.

The petitioner filed the contempt application for noncompliance of the order of this Court passed on September 22, 2021, by the alleged contemnor. It is submitted on behalf of the petitioner that though the petitioner was served notice to the effect that compensation to the tune of Rs.9,12,294/- was estimated by the authority, the petitioner received only an amount of Rs.3,09,283/- as compensation. The remaining amount has not been paid to the petitioner till date. Learned counsel for the alleged contemnor submits that the estimate sent to the petitioner was only a tentative estimate which was not vetted by the Joint Secretary, Land and Land Reforms and Refugee Relief and Rehabilitation Department, Government of West Bengal. The estimate was recast after vetting and the finally assessed compensation arrived at amounting to Rs.3,09,283/- was disbursed in favour of the petitioner.

In my considered view, the explanation given by the alleged contemnor with regard to variation in the initial estimate and the amount of compensation paid to the petitioner being satisfactory, the order under contempt has been substantially complied with.

However, in the event the petitioner is aggrieved by the compensation disbursed by the authority to him, he is at liberty to take necessary steps before the appropriate forum.

In view of the above, the contempt application being CPAN 701 of 2022 is disposed of.

However, there shall be no order as to costs. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)