Niti Chakraborty And ORS v. State Of West Bengal And ORS.

06.12.2022 06.12.2022 Ct. No.10 b.das WPA 20942 of 2022 Smt. Niti Chakraborty & Ors.

Vs.

State of W. B. & Ors.

Ms. Amrita Panja Moulick ...for the petitioners.

Mr. Susovan Sengupta Mr. M. K. Sadhu ...for the State.

Mr. Satyajit Talukdar ...for the KMDA.

Heard learned counsels for the parties.

The petitioners claim title in respect of the plot in question by virtue of inheritance from their predecessor-ininterest, who was the original owner thereof. The petitioners submit that though the plot was acquired by the State respondents vide L.A. case of 196869, no compensation was paid to the petitioners or their predecessor for the same.

In reply to an application filed under the Right to Information Act, 2005, details of the said acquisition were given to the petitioners, who were asked to contact the Special Land Acquisition Officer, South 24 Parganas for compensation of the land in question.

The petitioners submitted a representation in this regard before the concerned authority on 11th July, 2022, which is yet to be considered. The petitioners pray for a

direction upon the concerned authority to consider the said representation at the earliest.

It is submitted on behalf of the respondents that the 3rd respondent be directed to consider the representation in accordance with law.

In view of the above, the writ petition is disposed of directing the 3rd respondent to consider and dispose of the representation submitted by the petitioners on 11th July, 2022 within two months from the date of communication of this order upon 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 thereof. In the event the petitioners are found entitled to the compensation, the same be disbursed in their favour within a month thereafter.

With the above observations and directions, the writ petition being WPA 20942 of 2022 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.)