Narayan Prasad Dutta And ORS. v. State Of West Bengal And ORS.

15.01.2025 Court. No. 2 Sl no.14 b.r.

WPA 20484 of 2024 Narayan Prasad Dutta & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Kishore Mukherjee Ms. Suman Biswas ......for the Petitioners.

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

Mr. Gouranga Kumar Das (on virtual mode) Mr. Pralay Bhattacharya .... For the Resp. nos. 4 and 5.

The affidavit-of-service filed in Court today, is taken on record.

Mr. Kishore Mukherjee, learned Counsel appears for the petitioners.

Mr. Chandi Charan De, learned Additional Government Pleader, appears for the Staterespondents. Mr.

Gouranga Kumar Das, learned advocate with Mr. Pralay Bhattacharya, learned advocate appear for the respondent nos. 4 and 5 through virtual mode.

Petitioners complained of that their land measuring about 36 decimal has been acquired long back but compensation has been paid against only 7.5 decimal out of 36 decimal to

the land losers. The petitioners submitted representation dated July 26, 2024, Annexure P-6 at Page - 37 to the writ petition, but the same has not been considered.

Learned Counsel for the petitioners has denied and disputed the submissions made on behalf of the State.

In view of the above, the jurisdictional Special Land Acquisition Collector upon issuing a prior notice of hearing of at least ten days to the petitioners and other interested parties, if any, and upon giving them an opportunity of hearing shall dispose of the said representation dated July 26, 2024, as referred to above, by passing a reasoned order in accordance with law.

The entire exercise shall be carried out and completed by the jurisdictional Special Land Acquisition Collector positively within a period of eight weeks from the date of communication of this order. The reasoned order shall be communicated to the petitioners and the other interested parties, if any, within a further period of two weeks from the date of the reasoned order to be passed.

It is made clear that this Court has not gone into the merits of claim of the petitioners and the petitioners and other interested parties,

if any, shall be at liberty to urge whatever points they wish to urge on their claim for compensation on acquired land by relying upon whatever records and documents they wish to rely upon before the jurisdictional Special Land Acquisition Collector.

If the reasoned order goes in favour of the petitioners and other interested parties, if any, the jurisdictional Special Land Acquisition Collector and any other appropriate State Authority shall give an immediate effect thereto by taking all necessary and consequential steps in accordance with law. The compensation shall be calculated and determined strictly in accordance with law.

It is needless to mention that if the petitioners or other interested parties, if any, are found to have been paid the compensation already, they shall not be paid any further compensation.

It is further made clear that this order shall not create any right or equity in favour of the petitioners and other interested parties, if any, if they do not succeed to their respective claims strictly in accordance with law.

Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

In the event, any assistance is required by producing records or otherwise, the respondent no. 5 shall provide all such assistance to the jurisdictional Additional District Magistrate being the Land Acquisition Officer.

With the above observations and directions, this writ petition being WPA 20484 of 2024 stands disposed of without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)