Shikha Rani Maity And ORS. v. State Of West Bengal And ORS.

16.08.2022 16.08.2022 Ct. No.10 b.das WPA 16107 of 2022 Sikha Rani Maity & Ors.

Vs.

The State of W. B. & Ors.

Mr. T. K. Bhattacharya Mr. A. Bhattacharya ...for the petitioners.

Mr. Sirsanya Bandyopadhyay Mr. A. K. Nag ...for the State.

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

Heard learned counsels for the parties.

It is submitted on behalf of the petitioners that the land of the petitioners was acquired by the State respondents for reconstruction of Aila affected Sundarban embankment. Notice under Section 4(1) of the Land Acquisition Act, 1894 was not received by the petitioner as they were residing elsewhere at the relevant time. The petitioners submitted a representation before the concerned authority on 4th July, 2022 requesting disbursement of compensation, which has not been considered as yet. The petitioners pray for direction upon the authority to consider the representation at the earliest. Upon consideration of submission made on behalf of both the parties and material on record, the writ petition is disposed of directing the 3rd respondent to consider and

dispose of the representation submitted by the petitioners dated 4th July, 2022 within a month from the date of communication of this order after affording reasonable opportunity of hearing to all the interested parties including the petitioners, in accordance with law. The decision taken by the authority shall be communicated to the petitioner within a week thereof. It is made clear that this Court has not gone into the merits of the case and the petitioners shall be at liberty to place their respective contentions before the authority at the time of hearing.

With the above observations and directions, the writ petition being WPA 16107 of 2022 is disposed of. However, there shall 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.)