Sk. Golam Mostafa v. State Of West Bengal And ORS.

M/L.151.

June 14, 2024.

MNS.

WPA No. 19482 of 2022 Sk. Golam Mostafa Vs.

The State of West Bengal and others Syed Shamsul Arefin, Ms. K. Kulsum ... for the petitioner.

Mr. Chandi Charan De, Ld. AGP., Mr. Haripada Maity, Mr. Anirban Sarkar ...for the State.

The grievance of the petitioner is directed against non-payment of compensation on the ground of demolition in respect of the subject premises.

It is submitted on behalf of the petitioner that in view of the construction of a public road, the land of the petitioner has been acquired and a building has also been demolished. Though an enquiry had been initiated by the concerned respondent'

officials, there has been no compensation paid to the petitioner till date. By an order dated January 18, 2022 passed by the Special Land Acquisition Officer, a notice for inspection had been passed. However, no final order has been passed till date.

On behalf of the State respondents, it is submitted that there is a lacuna in the acquisition

proceeding and the State Officials ought to have granted an adequate opportunity to the petitioner. In such view of the matter, the respondent authorities are directed to grant an appropriate opportunity to the petitioner before conducting an inspection prior to payment of compensation.

The aforesaid exercise is to be carried out positively within four weeks from the date of communication of this order.

It is made clear that the respondent authorities are directed to act in accordance with law and without being influenced by any observations on the merits of the case of the petitioner.

With the above directions, WPA No. 19482 of 2022 stands disposed of.

Interim order, if any, stands vacated.

There shall be no order as to costs.

(Ravi Krishan Kapur, J.)