Aroti Das And ORS. v. The State Of West Bengal And ORS.

04.10.2024 Item No. 26 Crt.No.02 b.r. WPA 24437 of 2024 Smt. Aroti Das & Ors.

-vsThe State of West Bengal & Ors.

Mr. Partha Pratim Roy Mr. Anirban Das Mr. Samrat Chakraborty ..... for the petitioners.

Mr. Chandi Charan De, Ld. AGP Ms. Reshma Chatterjee .... For the State.

Affidavit of service filed in Court today, is taken on record.

Mr. Anirban Das, learned advocate led by Mr. Partha Pratim Roy, learned counsel, appear for the petitioners.

Mr. Chandi Charan De, learned Additional Government Pleader, appears for the State-respondents. The petitioners submit that though their land has been acquired in connection with Land Acquisition Case No. II/45 of 1973-74, the compensation has not yet been paid. The petitioners submitted their representation dated August 12, 2024 annexure p4 at page 22 to the writ petition, the same has not yet been disposed of.

In view of the above, the respondent no.3 is directed upon issuing a prior hearing notice of at least seven days to the petitioners and after granting them an opportunity of hearing shall dispose of the said representation dated August 12, 2024 at page-22 to the writ petition by passing a reasoned order in accordance with law.

The entire exercise shall be carried out and completed by the respondent no.3 positively within a period of eight weeks from the date of communication of this order. The reasoned order then shall be communicated to the petitioners positively within a further period of two weeks from the date of the said reasoned order to be passed.

It is made clear that this Court has not gone into the merits of this writ petition and the petitioners shall be at liberty to urge whatever points they wish to urge by relying upon whatever records and documents they wish to rely upon before the respondent no.3. After quantifying the compensation in accordance with law, the respondent no.3 shall take all necessary and consequential steps to disburse and pay compensation to the petitioners through appropriate State authorities. All the appropriate State authorities shall take steps to disburse and pay the petitioners the compensation positively within a period of five months

from the date of the said reasoned order to be passed and communicated to them.

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 24437 of 2024 stands disposed of, without any order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties expeditiously, on compliance of usual legal formalities.

(Aniruddha Roy, J.)