Jhunu Kundu And ANR. v. State Of West Bengal And ORS.

M/L- 107 11/06/2026 Ct. No.-19 Aritra WPA 20087 of 2025 Jhunu Kundu & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Dyutiman Banerjee Mr. Debjit Dutta ....for the petitioners Mr. Nilanjan Bhattacharyya, S.S.C., Ms. Jayita Dhar Chakraborty ....for the State Affidavit of service filed in Court today is taken on record.

The grievance of the petitioners is that the Collector has not referred the matter for the determination of the Court with regard to the dispute raised by the petitioners as to the adequacy of the compensation amount determined by the Collector.

Mr. Banerjee, learned advocate appearing for the petitioners submits that an application under Section 18 of the Land Acquisition Act, 1894 was submitted before the Land Acquisition Collector within the specified time frame. He submits that since the Collector did not take any steps to refer the matter to the concerned Court, a representation was also submitted by the petitioner vide letter dated March 6, 2025 which was received on March 10, 2025.

Mr. Bhattacharyya, learned Senior Standing Counsel submits that an application under Section 18 of the 1894 Act can be referred to by the Collector to the concerned Court only if the same is filed within the stipulated period

of limitation under sub-section (2) of Section 18 of the 1894 Act.

In the light of the submission made by the learned advocates for the respective parties, WPA 20087 of 2025 stands disposed of by directing the Land Acquisition Collector, North 24-Parganas at Barasat, being the respondent no.2 to consider the application submitted by the petitioner under Section 18 of the Land Acquisition Act, 1894, which was submitted on October 21, 2024 and if the same is found to have been submitted within the prescribed period of limitation, the Collector shall take necessary steps in accordance with the provisions of Section 18 of the 1894 Act as expeditiously as possible but positively within a period of 4 weeks from the receipt of a server copy of this order.

If the Collector is of the opinion that the said application cannot be referred to the Court, the reasons therefor are also to be communicated to the petitioners within the time limit as indicated hereinbefore. There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)