Ehsanul Haque And ORS v. State Of West Bengal And ORS.

30.01.2023 30.01.2023 Ct. No.10 b.das WPA 23884 of 2022 Eshanul Haque & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Sufi Kamal Ms. S. Hossain ...for the petitioners.

Ms. Monjuli Chowdhury Ms. M. Sinha ...for the respondent Nos.4 & 5.

On prayer of the petitioners, liberty is granted to the petitioners to implead the Special Land Acquisition Officer, Howrah as respondent No.9 in the writ petition. The cause title of the writ petition be amended accordingly. Affidavit of service filed by the petitioners is taken on record.

None appears for the State respondents despite service.

Mr. Chandi Charan De, who usually appears for the State and is present in Court, is requested to represent the State in the matter. His appointment be regularized by the office of the learned Legal Remembrancer.

The petitioners should serve copy of the writ petition alongwith all annexures thereto to Mr. De in course of this day.

Heard learned counsels for the parties.

The petitioners claim to be recorded owners of the plots in question and submit that the Howrah Zilla

Parishad constructed a pucca bridge and road over a portion of the said plots, but no compensation has been granted to the petitioners for the same. The petitioners submit that similarly placed persons have already been granted compensation by the Zilla Parishad.

The petitioners seek to submit a comprehensive representation before the concerned authority ventilating their grievance and prays for a direction upon the authority to consider the same at the earliest.

It is submitted on behalf of the State respondents that the 9th respondent be directed to consider the representation submitted by the petitioner, in accordance with law.

In view of the above, the writ petition is disposed of with liberty to the petitioner to submit a comprehensive representation before the 9th respondent within one week from date. The 9th respondent is directed to consider and dispose of the representation within a period of two months from the date of receipt thereof after granting reasonable opportunity of hearing to all the interested persons 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 compensation, such compensation shall be paid to the petitioners within a month thereafter.

With the above observations and directions the writ petition being WPA 23884 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.)