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Calcutta High CourtWPA/16556/2019disposed

Prasant Das & ANR. v. Union Of India & ANR.

2023-07-18Hon'Ble Justice Suvra Ghosh2 pages

18.07.2023 18.07.2023 Ct. No.10 b.das WPA 16556 of 2019 Prasanta Das & Anr.

Vs.

Union of India & Ors.

Mr. Jayanta Sengupta Ms. Shebatee Datta ...for the petitioners.

Ms. Manika Roy Mr. Soumalya Chakraborty ...for NHAI.

None appears for the State respondents. No accommodation is sought.

Heard learned counsels for the petitioners and the National Highways Authority of India.

The petitioners are aggrieved by the quantum of compensation granted to them for acquisition of their land. The petitioners seek to file an application under Section 3G(5) of the National Highways Act, 1956 before the 5th respondent and prays for direction upon the said respondent to consider the application at the earliest. Upon consideration of the submission made on behalf of the parties, the writ petition is disposed of with liberty to the petitioners to submit an application under Section 3G(5) of the Act of 1956 before the 5th respondent within 14 days from date. The 5th respondent is directed to take necessary steps for consideration and disposal of the application within two months from the date of receipt thereof upon affording reasonable opportunity of hearing to

all the interested persons including the petitioners, in accordance with law.

The decision taken by the authority shall be communicated to the petitioners within a week thereafter. With the above observations and directions the writ petition being WPA 16556 of 2019 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.)