Fazlul Haque Shah And ORS. v. State Of West Bengal And ORS.

03.07.2024 mb

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 18801 of 2022 Fazlul Haque Shah & Ors.

Vs.

State of West Bengal & Ors.

Mr. Dyutiman Banerjee ...for the petitioners Mr. Soumitra Bandyopadhyay, Mr. Subhasis Bandyopadhyay ...for the State The grievance of the petitioners is directed against non-payment of compensation.

It is submitted on behalf of the petitioners that the land of the petitioners has been acquired without any lawful acquisition and the petitioners have not been paid any compensation. It is also submitted on behalf of the petitioners that despite a representation dated July 27, 2022, the respondent Authorities have not considered the same.

On behalf of the State respondents it is submitted that on verification of the official Records it appears that the award in respect of the subject premises was lawfully passed as far back as in the year 2018 and the father of the petitioners had been paid the entire compensation amount of Rs.12,71,509/- vide cheque bearing No. 102616

dated May 28, 2018. The copies of all the relevant documents relied on by the State is handed over to the petitioners.

In view of the above instructions received on behalf of the State and the fact that there is nothing to controvert the same, there is no merit in the writ petition.

In view of the above, W.P.A. No. 18801 of 2022 stands dismissed.

Liberty is granted to the petitioners to take necessary steps, if available, in accordance with law.

There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be made available to the parties upon compliance of necessary formalities.

(Ravi Krishan Kapur, J.)