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Calcutta High CourtWPA/19208/2023disposed

Hafizur Rahaman And ANR. v. State Of West Bengal And ORS.

2024-03-01Hon'Ble Justice Suvra Ghosh2 pages

01.03.2024 01.03.2024 Ct. No.10 b.das WPA 19208 of 2023 Hafizur Rahaman & Anr.

Vs.

The State of W.B. & Ors.

Mr. Saikat Sutradhar ...for the petitioners.

Mr. Ayan Banerjee Ms. Arpita Mondal ...for the State.

Heard learned counsels for the parties.

The land of the petitioners was acquired by the respondent authorities for the purpose of construction of Katwa Thermal Power Station of West Bengal Power Development Corporation Ltd. Though compensation was awarded to the petitioners, land loser certificate has not been issued till date. The petitioner submitted a declaration before the concerned authority nominating the 1st petitioner to be the recipient of such certificate. No step has been taken by the authority in this regard. The petitioners seek to submit a comprehensive representation before the concerned authority requesting issuance of land loser certificate in favour of the 1st petitioner in terms of the notification issued by the Labour Department, Government of West Bengal on August 21, 2001 and pray for direction upon the concerned authority to consider the representation at the earliest.

It is submitted on behalf of the State respondents that the 3rd respondent be directed to deal with the representation, in accordance with law.

In view of the above, the writ petition is disposed of with liberty to the petitioners to submit a comprehensive representation before the 3rd respondent within one week from date. The 3rd respondent is directed to consider and dispose of the representation within a period of four weeks from the date of receipt thereof upon affording reasonable opportunity of hearing to all concerned including the petitioners and in terms of the notification dated August 21, 2002, in accordance with law.

The decision taken by the authority shall be communicated to the petitioners within a week thereof. There shall, however, 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.)