Sahajadi Bibi And ORS. v. State Of West Bengal And ORS.

In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 23312 of 2024 Sahajadi Bibi and Ors.

Vs.

The State of West Bengal and Ors.

Mr. Amit Bikram Mahata, Adv.

......For the Petitioners.

Mr. Soumitra Bandopadhyay, Mr. Srikanta Paul, Advs.

....For the State.

Affidavit of service filed in court today is taken on 01.10.2024 Item No. 28 (SSS) record.

Mr. Amit Bikram Mahata, learned Advocate appears for the petitioners.

Mr. Srikanta Paul, learned Advocate appears for the Respondent Nos. 1 to 6.

The rest of the respondents are not represented, despite notice.

The petitioners submit that their land was acquired for the purpose of construction of Haldia Dock Complex and a meager compensation was awarded. Referring to a State circular dated April 10, 1993 at Page 46 to the writ petition, it is submitted on behalf of the petitioners that the representation was made by the petitioners for rehabilitation dated December 13, 2022 being Annexure

P-7 at Page 50 to the writ petition, the same has not yet been considered.

In view of the above, the petitioners shall serve a copy of this writ petition along with a copy of today's order upon the Respondent No. 11 who shall consider the said representation of the petitioners dated December 13, 2022 at Page 50 to the writ petition in the light of the said State circular dated April 10, 1993 at Page 46 to the writ petition and shall pass a reasoned order. The Respondent No. 11 then shall communicate the reasoned order to the petitioners.

The entire exercise shall be carried out and completed by the Respondent No. 11 positively within a period of 10 weeks from the date of communication of this order.

It is made clear that this order shall not create any right or equity in favour of the petitioners if the petitioners do not succeed to their said representation, 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.

With the above observations and directions, this Writ Petition (WPA 23312 of 2024) stands disposed of, without any order as to costs.

[Aniruddha Roy, J]