Abhijit Das And ORS v. State Of West Bengal And ORS.
jdt.
10.01.2023 jb.
W.P.A. 23484 of 2022 (Abhijit Das & Ors. vs. State of West Bengal & Ors.) Sk. Jayed Hossain Mr. Raju Mondal .... For the Petitioners Mr. Chandi Charan De Mr. Anirban Sarkar .... For the State On prayer of the petitioners leave is granted to implead the Executive Engineer 24 Parganas (South), Irrigation and Waterways Department, Government of West Bengal as respondent No. 5 in the writ petition. Cause-title of the writ petition be amended accordingly. State respondents do not intend to submit any report in this matter.
Heard learned counsels for the parties.
The grievance of the petitioners is that their land was utilised by the respondents for construction of embankment in the Aila affected area of Sundarbans, but no compensation was paid to them. The petitioners seek liberty to submit a comprehensive representation before the concerned authority for assessment and payment of compensation in their favour and pray for a direction upon the authority to consider the representation at the earliest.
It is submitted on behalf of the respondents that the 5th respondent be directed to consider the representation, in accordance with law.
In view of the above, the writ petition is disposed of with liberty to the petitioners to submit a comprehensive representation before the 5th respondent within one week from date. The 5th respondent is directed to consider and dispose of the representation within two months from the date of receipt thereof upon affording reasonable opportunity of hearing to all the interested persons including the petitioners, in accordance with law. In the event the petitioners are found entitled to compensation, such compensation be paid to the petitioners by the third respondent within two months thereafter.
The writ petition is thus disposed of.
There shall be no order as to costs.
Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.
Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.
(Suvra Ghosh, J.)