Trideb Sen @Tridib Sen v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 04.12.2024 Ct. no.2 Sl. No. 36 Moumita WPA 28203 of 2024 Trideb Sen @ Tridib Sen Vs.

The State of West Bengal & Ors.

Mr. Uday Sankar Chattopadhyay Ms. Trisha Rakshit Mr. Rajashree Tah Ms. Aishwarya Datta .... For the Petitioner Mr. Chandi Charan De, Ld. Addl. Govt. Pleader Mr. Anirban Sarkar ....for the State/respondent Affidavit-of-service, filed in Court today, is taken on record.

Ms. Trisha Rakshit and Ms. Aishwarya Datta led by Mr. Uday Sankar Chattopadhyay, learned counsel appears for the petitioner.

Mr.

Chandi Charn De, learned Additional Government Pleader appears for the state/respondent nos. 1 to 4 and 8.

None appears for the rest of the respondents. The petitioner said that the land has been acquired for Jagdishpur to Haldia Pipeline Project, but no compensation has been paid. The petitioner submitted its representation dated 6th September, 2024 at page 59 to the writ petition, the same has not yet been considered.

In the view of the above, the respondent no. 8 upon issuing a prior hearing notice of at least seven days to the petitioner and respondent no. 6 and other interested parties, if any, and after granting them an opportunity of hearing shall dispose of the representation dated 6th September, 2024 at page 59 to the writ petition by passing a reasoned order in accordance with law. The entire exercise shall be carried out and completed by the respondent no. 8 positively within a period of six weeks from the date of communication of this order and the reasoned order shall be communicated to the petitioner and respondent no. 6 and other interested parties, if any, positively within a further period of two weeks from the date of the said reasoned order to be passed.

Depending upon the outcome in the reasoned order appropriate compensation shall be paid to the petitioner and other interested parties, if any, strictly in accordance with law, but positively within a period of three months from the date of the said reasoned order to be passed.

It is made clear that this Court has not gone into the merits of the contentions of the petitioner or the other interested parties, if any, and they shall be at liberty to urge whatever points they wish to urge by relying upon whatever records and documents they wish to rely upon before the respondent no.8.

It is made clear that this order shall not create any right or equity in favour of the petitioner or other interested parties, if any, if they do not succeed to their respective claims before the respondent no.8 strictly in accordance with law.

It is further to be noted that if it appears from record that compensation has already been paid to the owners of the land, then, no further compensation shall be paid.

Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

With the above observations and directions, this writ petition, WPA 28203 of 2024 stands disposed of, without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)