Anhsuman Kundu v. Union Of India And ORS.

31.01.2022 31.01.2022 Ct. No.10 b.das W.P.A. 19100 of 2021 (Via Video Conference) Angsuman Kundu Vs.

Union of India & Ors.

Mr. Arindam Das ...for the petitioner.

Mr. Chandi Charan De ...for the State.

Mr. S. Bhattacharya ...for the respondent No.4.

Affidavit of service filed by the petitioner be taken on record.

Heard learned counsels for the parties.

It is contended on behalf of the petitioner that the land of the petitioner proposed to be acquired by the authority is a petrol pump which has also been admitted by the authority in reply to the queries made by the petitioner under Right to Information Act, 2005. Notice of acquisition under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 was served upon the petitioner, but copy of the award as mandated by the said Act, has not been handed over to him.

The petitioner submitted a representation before the concerned authority ventilating his grievance, on 10th

March, 2021 but such representation is yet to be considered. The petitioner prays for a direction upon the authority to consider the said representation and also hand up a copy of the award to him at the earliest. Learned counsel for the State respondents concede to the submission made on behalf of the petitioner. Upon consideration of the submissions made on behalf of the parties, the writ petition is disposed of directing the 8th respondent to consider and dispose of the representation submitted by the petitioner dated 10th March, 2021, within a period of two months from the date of communication of this order after granting reasonable opportunity of hearing to all the interested parties including the petitioner, in accordance with law. The 8th respondent should also hand up a copy of the award to the petitioner at the time of hearing.

With the above observations and directions this writ petition being WPA 19100 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.)