Kalyani Biswas & ORS. v. State Of West Bengal & ORS.

26.09.2023 rc/ct.no.10 Item No.11 WPA No. 25938 of 2017 Kalyani Biswas & Ors.

Versus

The State of West Bengal & Ors.

Mr. Swapan Kumar Kar ...for the petitioners Affidavit of service filed by the petitioner is taken on record.

None appears on behalf of the State-respondents despite service.

Mr. Priyabrata Batabyal, learned advocate, who usually appears on behalf of the State respondents and is present in Court today, is requested to represent the State respondents in this matter. The office of the learned Legal Remembrancer is requested to regularise the service of Mr. Batabyal in this matter.

The petitioner is directed to serve a copy of this application along with annexures thereto upon Mr. Batabyal in course of this day.

The first petitioner is represented and submits that though her land has been acquired by the respondents and utilised for the purpose of Kolkata Leather Complex no compensation has been paid to her till date. The first petitioner along with others submitted a representation before the concerned authority in this regard on September 21, 2017 which is yet to be considered. The petitioner prays for a direction upon the authority to consider the representation at the earliest.

It is submitted on behalf of the respondents that the 4th respondent be directed to consider the representation in accordance with law.

In view of the above, this writ petition is disposed of directing the 4th respondent to consider and dispose of the representation filed by the petitioners on September 21, 2017 within a period of two months from the date of communication of this order, after giving reasonable opportunity of hearing to all the interested persons including the first petitioner, in accordance with law. The decision taken by the authority shall be communicated to the first petitioner within a week thereof. In the event the first petitioner is found entitled to compensation, the 4th respondent is directed to take necessary steps for disbursal of the compensation in favour of the first petitioner within a week thereafter. With the above observation and direction this writ petition 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)