Subir Ghosh v. State Of West Bengal And ORS.

Court No. 2

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side W.P.A. 28462 of 2023 Subir Ghosh VS The State of West Bengal & Ors.

Mr. Tanmoy Mukherjee Ms. Sreyanshi Majumder Mr. Kaushik Biswas Mr. Soumava Santra .... For the petitioner Mr. Chandi Charan De Mr. Anirban Sarkar .... For the State Mr. Satyajit Talukdar Ms. Rutika Verma .... For K.M.D.A.

Affidavit of service is already on record.

12.8.2024 (Item No. 8) (AB) Mr. Tanmoy Mukherjee, learned advocate appears for the petitioner.

Mr. Chandi Charan De, learned Additional Government Pleader appears for respondent Nos. 1, 3 and 4.

Mr. Satyajit Talukdar, learned counsel appears for respondent Nos. 2 and 5.

A portion of the petitioner's land for about little more than 14 Katthas out of about 24 Katthas have been acquired. The requiring body was Kolkata Metropolitan Development Authority and acquiring authority was the State.

Referring to the communication dated March 29, 2023 and August 22, 2023, annexure P-1 at page 15 and annexure P3 at page 23 respectively to the writ petition learned counsel for the petitioner submits that, the acquired

portion of the land has not yet been demarcated by the authorities. Though the acquisition was held in the year 1980.

Considering the submissions made on behalf of the parties, the petitioner shall serve a copy of today's order upon the respondent Nos. 2 and 4 forthwith. The respondent Nos. 2 and 4 then upon mutual communication with each other and upon prior notice of at least seven days to the petitioner shall visit the subject land and shall carry out the necessary exercise and the respondent No. 4 then shall complete the demarcation of the acquired land in accordance with law.

The demarcation shall be caused by the respondent No. 4, as directed above, with the active assistance and participation of the respondent No. 2 positively within a period of four weeks from the date of communication of this order.

After demarcation is completed the respondent No. 4 shall prepare a demarcated site plan and shall make over the same to the petitioner positively within a further period of two weeks after the said demarcation exercise is completed.

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

The directions made above are peremptory.

With the above observations and directions this writ petition W.P.A. 28462 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.)