Nil Kamal Chandra & ORS v. State Of West Bengal & ORS

jdt.

17.03.2022 jb.

W.P.A. 18133 of 2018 (Nil Kamal Chandra & Ors. vs. State of West Bengal & Ors.) Mr. Swapan Kr. Kar ... For the Petitioners Mr. Soumitra Bandyopadhyay Mr. Priyabrata Batabyal ... For the State Report submitted by the State respondents is taken on record.

The petitioners complain that their land was acquired under the West Bengal Land (Requisition and Acquisition) Act, 1948 and possession was taken in 1989. No compensation has been received by the petitioners till date.

The report submitted by the State respondents demonstrates that award was declared on 1st September, 2014 and is lying with the Authority since 9th September, 2014. The report further indicates that the State Authority shall pay the compensation amount to the petitioners after the petitioners establish their title in respect of the plot in question.

Such proposal is accepted by the writ petitioners. In view of the same, the writ petition is disposed of directing the 4th respondent to disburse the compensation amount in favour of the petitioners after giving opportunity to the petitioners to substantiate their title in respect of the plot in question. As the amount has been admittedly lying with the Authority since 2014, the petitioners are entitled to interest thereon. The entire exercise shall be completed within a period of three months from the date of communication of this order.

With the above observations and directions, W.P.A. 18133 of 2018 is 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.)