Sanat Kumar Naskar v. Union Of India And ORS.

jdt.

24.03.2023 jb.

W.P.A. 18356 of 2021 (Sanat Kumar Naskar vs. State of West Bengal & Ors.) Mr. Pradip Kr. Sardar .... For the Petitioner Ms. Aparna Banerjee .... For the Metro Railways Mr. Chandi Charan De Mr. Anirban Sarkar .... For the State On prayer of the petitioner liberty is granted to amend the nomenclature of the 5th respondent in the cause title of the writ petition by adding 'competent authority'.

The petitioner claims to be recorded owner of the plot in question and submits that though his land has been utilised by the Metro Railway Authority, the land has neither been acquired nor any compensation paid to him. The petitioner seeks to submit a comprehensive representation before the concerned authority requesting payment of compensation and prays for consideration of the representation at the earliest. It is submitted on behalf of the respondents that the Metro Railway Authority is carrying on Metro viaduct construction work in the land acquired by the State Government.

Be that as it may, since the petitioner seeks to submit a comprehensive representation before the

concerned authority ventilating his grievance, the writ petition is disposed of with liberty to the petitioner to submit such representation before the 5th respondent being the Competent Authority and the Additional District Magistrate, L.A. North 24 Parganas within seven days from date. The 5th respondent is directed to consider and dispose of the representation within one month from the date of receipt thereof upon affording reasonable opportunity of hearing to all the interested persons including the petitioner, in accordance with law. In the event the petitioner is found to be entitled to compensation, such compensation be disbursed in favour of the petitioner within a month thereafter. The writ petition is thus disposed of.

There shall be no order as to costs.

Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Suvra Ghosh, J.)