Ranjan Banerjee And ORS v. State Of West Bengal And ORS.

04.02.2022 04.02.2022 Ct. No.10 b.das W.P.A. 20853 of 2021 (Via Video Conference) Ranjan Banerjee & Ors.

Vs.

State of W.B. & Ors.

Mr. Amit Pan Ms. T. Santra ...for the petitioner.

Mr. Ansar Mandal ...for the State.

Affidavit of service filed by the petitioner be taken on record.

It is contended on behalf of the petitioners that the plot of land owned by the petitioners was acquired for the purpose of reconstruction of Aila affected Sundarban embankment in a proceeding being LA Case No.4/6 of 2012-13 and possession of the land was taken under Section 17 of the Land Acquisition Act, 1894 on 12th July, 2012. Declaration under Section 6 of the Act of 1894 was made on 27th December, 2012.

The petitioners complain that no compensation has been paid to the petitioners in this regard till date. The petitioners submitted applications before the concerned authority on 5th October, 2020 in this regard, pursuant to which, notice of hearing was issued upon the petitioners on

15th October, 2020 fixing the date for hearing on 5th November, 2020.

Learned counsel for the petitioners submits that there has been no further progress in the hearing of the matter since then.

Learned counsel for the State respondents submits that the concerned authority be directed to conclude the hearing within a stipulated period of time.

Upon consideration of the submissions made on behalf of the parties, this Court is of the view that as hearing with regard to the applications filed by the petitioners has been initiated, such hearing should be brought to its logical conclusion within a stipulated period of time.

Accordingly, the writ petition is disposed of directing the 3rd respondent to consider and dispose of the applications filed by the petitioners dated 5th October, 2020 within a period of two months from the date of communication of this order after affording reasonable opportunity of hearing to all the interested parties including the petitioners, in accordance with law.

The decision taken by the authority shall be communicated to the petitioners within a week thereafter. With the above directions, the writ petition being W.P.A. 20853 of 2021 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.)