Polly Brahma v. State Of West Bengal And ORS.

06.05.2022 06.05.2022 Ct. No.10 b.das WPA 16990 of 2021 Polly Brahma Vs.

State of W.B. & Ors.

Mr. Salil Kr. Mapdar Ms. S. Biswas ...for the petitioner.

Mr. Susovan Sengupta Mr. S. Pal ...for the State.

Ms. Rini Bhattacharyya ...for the DFCCIL.

Mr. Goutam Bhahma ...for the respondent No.6 (In person) Affidavit of service filed by the petitioner is taken on record.

The State respondents also submitted a report which is taken on record.

Heard learned counsels for the parties.

It is not in dispute that the plots of land belonging to the predecessor-in-interest of the petitioner and the 6th respondent were acquired by the State authorities. The grievance of the petitioner is that no compensation was paid to the petitioner for the same despite several communications being made by the petitioner with the competent authority.

It is submitted on behalf of the parties that during pendency of the writ petition, a notice of hearing for determination of the compensation payable to the

petitioner and the 6th respondent was issued upon the petitioner and the 6th respondent by the competent authority on 27th October, 2021 and hearing was held on 16th November, 2021. The petitioner submits that no further step has been taken by the authority despite reminders submitted by the petitioner before the authority in this regard.

It is submitted on behalf of the State respondents that the competent authority may be directed to give a reasoned decision on the hearing held, within a stipulated time frame.

In view of the submissions made on behalf of the parties, the writ petition is disposed of directing the 2nd respondent to pass a reasoned order with regard to the hearing conducted by him on 16th November, 2021 and communicate such order to the petitioner and the 6th respondent within a month from the date of communication of this order.

The 2nd respondent is at liberty to give reasonable opportunity of hearing to the petitioner and the 6th respondent, if required.

It is made clear that this Court has not gone into the merits of the case and the parties shall be at liberty to place their respective contentions before the concerned authority at the time of hearing.

With the above observations and directions this writ petition being WPA 16990 of 2021 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.)