Fakir Ali Mondal And ORS. v. State Of West Bengal And ORS.

24.11.2022 rc/ct.no.10 Item No.36 WPA No. 20219 of 2022 Md. Younush Mondal ...for the petitioners Mr. Soumitra Bandyopadhyay Mr. P.B.Mahata ....for the State Mr. S. Talukdar ...for the KMDA Heard learned counsel appearing on behalf of the parties.

The petitioners claim to be owners of the plot in question by virtue of inheritance from the original owner, Meher Ali Mondal, since deceased. The petitioners submit that the plot in question has been utilised by the Kolkata Metropolitan Development Authority (in short, "KMDA") pursuant to a notification issued on 27.07.2017 by the District Magistrate, North 24-Parganas which proposes direct purchase of the plot in question utilised by the authority. The petitioners submit that they are agreeable to such proposal of the Government. The petitioners seek to submit a comprehensive representation in this regard before the competent authority and pray for a direction upon the authority to consider the said representation at the earliest.

It is submitted by the learned counsels appearing on behalf of the respondents that the petitioners may submit a representation before the 5th respondent expressing their

willingness to the proposal of the Government and such representation be directed to be considered 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 5th respondent ventilating their contention within a fortnight from date. The 5th respondent is directed to consider and dispose of the representation within two months from the date of receipt thereof after affording reasonable opportunity of hearing to all interested parties including the petitioners, in accordance with law.

The decision taken by the authority shall be communicated to the petitioners within a week thereof. With the above observations and directions this writ petition is disposed of.

There shall be, however, 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 furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh,J)