Calcutta High CourtMAT/1335/2015disposed

State Of West Bengal & ORS v. Sunil Ranjan Ghorai

2022-06-08Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Subhendu Samanta2 pages

08.06.2022 Item No.51 Court No.6.

S. De M.A.T. 1335 of 2015 State of West Bengal & Ors.

Vs Sunil Ranjan Ghorai.

Mr. Lalit Mohan Mahata, Mr. Prasanta Behari Mahata, ...for the State/appellants.

Mr. Uttam Kr. Bhattacharyya, Mr. Rajkumar Chakraborty, ...for the respondent.

By consent of the parties, the appeal and the connected application are taken up together for hearing.

Read order dated December 14, 2021.

Learned advocate for the State/appellants says that the order of the learned Single Judge has been complied with in as much as the current market value of the land acquired from the respondent has been paid to him. Hence there is no reason for proceeding with the appeal.

We appreciate that no useful purpose will be served by proceeding with the appeal. However, the writ petitioner/respondent says that the amount that he has been paid does not represent the current market value of the concerned land, the value is much more. We cannot decide that question in this appeal.

However, we grant liberty to the writ petitioner/respondent to make a comprehensive representation before the concerned L.A. Collector as regards his claim for higher compensation. The L.A. Collector shall give an opportunity of hearing to the writ petitioner/respondent and permit him to file documents before him in support of his claim. The L.A. Collector shall pass a reasoned order on the representation of the writ petitioner/respondent, in accordance with law, within a period of twelve weeks from the date of receipt of the representation. Such representation must be filed within four weeks from date. If the representation is not filed within the aforesaid period, the L.A. Collector will not be obliged to consider the same.

With the above observation the appeal being MAT 1335 of 2015 is disposed of.

Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance with all the necessary formalities.

(Subhendu Samanta, J.) (Arijit Banerjee, J.)