Sk. Rejaul Haque And ANR v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 28 11.12.2024 Sc Ct. no.2 WPA 27080 OF 2023 -------------- Sk. Rejaul Haque & Anr.

Vs.

The State of West Bengal & Ors.

Mr. P. K. Bhattacharyay .... For the Petitioners Mr. Chandi Charan De, AGP Mr. Anirban Sarkar.

.... For the Respondents State Affidavit-of-service, filed in Court today, is taken on record.

Mr. P. K. Bhattacharyay, learned counsel appears for the petitioners.

Mr.

Chandi Charan De, learned Additional Government Pleader appears for the respondents. This is the second round of writ litigation. In the first round, the writ petition was disposed of by a coordinate Bench by its order dated November 22, 2022. Pursuant to the said direction a decision was taken by the appropriate State authority, Annexure-P12 at page 63 to the writ petition wherefrom it appears that, the appropriate authority has taken step to cause Direct Purchase of the land and for that valuation has also been obtained with regard to the compensation to be paid.

The communication dated October 17, 2023, Annexure-P-14 at page 71 to the writ petition shows that, learned counsel for the petitioners was also informed that, a proposal for Direct Purchase of private land measuring about 0.20 acre has already been estimated for paying the compensation.

In view of the above, the respondent no.5 shall immediately commence the steps which are required to be taken to complete the Direct Purchase in respect of the subject land.

The respondent no.7 shall deposit the amount with the respondent no.5 and then the compensation shall be paid to the petitioners strictly in accordance with law. The entire exercise including the payment of compensation to the petitioners and other interested parties, if any, shall be completed positively within a period of six months from the date of communication of this order.

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

If the petitioners are aggrieved with the determination of the value of the land payable by way of compensation, the petitioners shall be at liberty to challenge the same in accordance with law before the jurisdictional authority.

With the above observations and directions, this writ petition, WPA 27080 of 2023 stands disposed of, without any order as to costs.

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

(Aniruddha Roy, J.)