Swapan Kumar Das v. Union Of India & ORS
05.05.2022 05.05.2022 Ct. No.10 b.das WPA 20709 of 2017 Anurupa Das & Ors.
Vs.
Union of India & Ors.
Md. Salahuddin Md. A. Zaman Md. Raziuddin ...for the petitioners.
Mr. Chandi Charan De Mr. H. Maity ...for the State.
Heard learned counsels for the parties.
It is submitted on behalf of the petitioners that the original petitioner who was the predecessor-in-interest of the present petitioners was the recorded owner of the plot in question which was acquired by the respondents vide L.A. Case No.99/2009-10. Upon receipt of notice from the Additional District Magistrate (Land Acquisition), Murshidabad being the competent authority, the predecessor-in-interest of the present petitioners submitted his claim before the authority along with all relevant documents.
The petitioners are aggrieved with the assessment of compensation made by the authority and have submitted a representation before the concerned authority on 4th October, 2021 under Section 3H(5) of the National Highways Act, 1956 claiming reassessment of the value of
the land and commercial building along with orchard acquired by the authority.
The petitioners pray for a direction upon the competent authority to dispose of the said representation, which is still pending.
Having considered the submissions made on behalf of the parties, the writ petition is disposed of directing the 6th respondent to consider and dispose of the representation submitted by the petitioners dated 4th October, 2021 within two months from the date of communication of this order, after giving reasonable opportunity of hearing to all the interested parties including the petitioners or their authorised representatives, in accordance with law.
The decision taken by the authority shall be communicated to the petitioners within a week thereafter. With the above observations and directions this writ petition being WPA 20709 of 2017 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.)