Murlidar Goswami And Others v. State Of West Bengal And ORS.

37. 07.02.2022 Ct. No.06 Tanmoy M.A.T. 1279 of 2021 With IA No: C.A.N. 2 of 2021 Murulidar Goswami & Ors.

-VersusThe State of West Bengal & Ors.

(Through Video Conference) Mr. Rahul Karmakar, Adv., Mr. Abirlal Chakravarti, Adv.

...for the appellants Mr. Soumitra Bandyopadhyay, Adv., Mr. Subhasis Bandyopadhyay, Adv.

...for the State.

Mr. Surojit Chakraborty, Adv., Mr. Subhajay Sen, Adv.

...for the respondent no.3 (G.A.I.L.) By consent of the parties, the appeal and the connected application are taken up together for hearing.

Read order dated January 27, 2022.

The only issue in this case is the compensation payable by the Gas Authority of India Limited (for short, 'G.A.I.L.') for laying pipelines over the property of the appellants.

On the last occasion, learned Advocate for the appellants had submitted that G.A.I.L. is not paying the compensation money contending that there are rival claims in respect thereof.

Today, learned Advocate for G.A.I.L., on instruction, submits that G.A.I.L. has deposited the compensation money with the competent authority being the Special Land Acquisition Officer, respondent no.2 herein, within the prescribed time period. We record the same.

If there are rival claims in respect of the compensation money, the respondent no.2 shall decide the same and disburse the compensation money to such persons whom the respondent no.2 finds to be the lawful claimants. Let this exercise be completed within a period of three months from the date of communication of this order to the respondent no.2 after giving an opportunity of hearing to the appellants, the private respondent and any other concerned party. Needless to say that a reasoned order shall be passed by the respondent no.2.

No useful purpose will be served by keeping the appeal pending.

The appeal being M.A.T. 1279 of 2021 and the connected application being IA No: C.A.N. 2 of 2021 are accordingly disposed of.

Let urgent photostat certified copies of this order, if applied for, be supplied to learned Advocates for the parties upon compliance with all usual formalities. (Kausik Chanda, J.) (Arijit Banerjee, J.)