Ranjit Maiti And ORS v. The State Of West Bengal And ORS.

November 28, 2022 ARDR (72) WPA 24765 of 2022 Ranjit Maiti & Ors.

Vs.

The State of West Bengal & ors.

Adv. U. N. Betal, Adv. Bhaskar Hutait, ...for the petitioners.

Adv. Soumitra Bandyopadhyay, Adv. Subhasis Bandyopadhyay, ...for the State.

Affidavit of service filed by the petitioners is taken on record.

The petitioners claim to be the recorded owners of the plots in question in Mouza Mohanpur, J.L. No. 191, P.S. Panskura, District Purba Medinipur and were in possession of the same. The said plots were acquired for Kherai Boxi Basin Drainage and utilised for the said project upon initiating L. A. cases being nos. 57 of 1980-81 and 151 of 1980-81. Though possession of the land was taken by the authority, no award was granted for the same till 2013. The petitioners submitted a representation before the concerned authority on 16th September, 2021 demanding compensation in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Pursuant to the said representation a letter was issued by the Special Land Acquisition Officer, Tamluk, Purba Medinipur to the Joint Secretary, Government of West Bengal Land and Land Reforms and Refugee Relief and Rehabilitation Department

on 16th November, 2021 seeking instructions with regard to the next course of action towards payment of L.A. compensation to the petitioners.

Learned counsel for the petitioners submits that no further step has been taken by the concerned authority till date.

Learned counsel for the State respondents that the 8th respondent be directed to take a decision in terms of the letter dated 16th November, 2021.

In view of the above, the writ petition is disposed of directing the 8th respondent to act in terms of the Memo. No. VI-498/LA dated 16th November, 2021 issued in his favour by the Special Land Acquisition Officer, Tamluk, Purba Medinipur and complete the entire proceedings for payment of compensation in favour of the petitioners within two months from the date of communication of this order upon giving reasonable opportunity of hearing to all the interested persons including the petitioners/their representatives, in accordance with law.

The authority should make all endeavours to pay the compensation by the said date upon intimation to the petitioners.

With the aforesaid directions, WPA 24765 of 2022 is disposed of. There shall however, 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 furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh, J.)