Calcutta High CourtWPA/27906/2023disposed

Basanta Kumar Maity And ORS v. State Of West Bengal And ORS.

2024-03-22Hon'Ble Justice Suvra Ghosh2 pages

22.03.2024 22.03.2024 Ct. No.10 b.das WPA 27906 of 2023 Basanta Kumar Maity & Ors.

Vs.

The State of W.B. & Ors.

Mr. Mukteswar Maiy Ms. Nupur Chaudhuri ...for the petitioners.

Mr. Ayan Banerjee Ms. Debapriya Chatterjee ...for the State.

Affidavit of service filed by the petitioners and status report submitted on behalf of the State respondents are taken on record.

Heard learned counsels for the parties.

It is not in dispute that the land of the petitioners was utilized by the Irrigation and Waterways Division, Government of West Bengal though the same was not acquired, far less any compensation paid to them. Pursuant to an order passed by this court on 16th February, 2023 in WPA 2374 of 2018 a joint field inspection was held by the authority and upon receipt of the verification report, the petitioners submitted a representation before the concerned authority on 22nd September, 2023, seeking compensation at the present market rate, which is yet to be considered. The petitioners pray for a direction upon the concerned authority to consider the representation at the earliest.

Learned counsel for the State respondents submits that the 6th respondent be directed to consider the representation in accordance with law.

In view of the above, the writ petition is disposed of directing the 6th respondent to consider and dispose of the representation submitted by the petitioners dated 22nd September, 2023 within two months from the date of communication of this order upon affording reasonable opportunity of hearing to all concerned including the petitioners, in accordance with law and take necessary steps for payment of compensation to the petitioners within two months thereafter.

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 supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)