Malay Kumar Kesh And Another v. State Of West Bengal And ORS.

21.08.2023 21.08.2023 Ct. No.10 b.das WPA 26724 of 2022 Malay Kumar Kesh & Anr.

Vs.

The State of W. B. & Ors.

Mr. P. Basu Mr. Abhijit Sarkar Mr. R. Biswas ...for the petitioner.

Mr. Soumitra Bandyopadhyay Mr. P. Batabyal ...for the State.

Mr. Sharanya Chatterjee ...for ADDA.

Report submitted by the State respondents is taken on record.

The primary grievance of the petitioners is that Asansol-Durgapur Development Authority is disturbing the peaceful possession of the petitioners in the plots in question on the plea that they have been given possession of the plots by the State Government upon acquiring the same.

Learned counsel for the petitioners submits that the plots in question are recorded in the name of the predecessor-in-interest of the 1st petitioner and no notice of acquisition was served upon the petitioners/their predecessor-in-interest.

Placing reliance on the report submitted by the Special Land Acquisition Officer, Paschim Bardhaman learned counsel for the State respondents submits that the

plots in question were acquired vide declaration dated 13th August, 1959 under Section 6 of the Land Acquisition Act, 1894 and possession of the plots has been made over to the requiring body vide Government Order dated 14th September, 1959.

In view of the above, the petitioners seek to take necessary steps for payment of compensation and the like in a separate proceeding.

Nothing further remains to be adjudicated in the writ petition and as such, the same is accordingly disposed of. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)