Nimai Chandra Hembram & ORS v. State Of West Bengal & ORS

November 25, 2021 ARDR (34) WPA 27339 of 2017 Nimai chandra Hembram & ors.

Vs.

The State of West Bengal & Ors.

Mr. Chittapriya Ghosh, Mr. Samir Adhikari, Ms. Priyanka Saha, ...for the petitioners.

Mr. Susovan Sengupta, Mr. Subir Pal, ...for the respondent no.2.

Mr. Chandi Charan De, Mr. Anirban Sarkar, ...for the State.

The grievance of the petitioners is that their land has been acquired for construction of Fulkusma S.O. Office-cum-Quarters and Stack Yard under Kangsabati Reservoir Project by L.A. Case no. 6 of 2001 - 2002, but no compensation has been granted to them for the same. The petitioner filed a representation before the respondent nos. 3 and 4 ventilating their grievance on 31st August, 2017 which was received by the latter on 12th September, 2017. But the said representation is yet to be disposed of. The petitioners pray for a direction for disposal of the same at an early date. It is submitted on behalf of the respondent no.2 that the land in question is a forest land.

Having considered the submissions made on behalf of the parties as well as the material on record,

I dispose of the writ petition with a direction upon the respondent no.4 to consider and dispose of the representation filed by the petitioners on 31st August, 2017 within a period of three months from the date of communication of this order after affording reasonable opportunity of hearing to all the interested parties including the petitioners, in accordance with law. With such observation, WPA 27339 of 2017 is disposed of. However, there shall be no order as to costs.

Since no affidavits are 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 on usual undertakings.

(Suvra Ghosh, J.)