Sudip Chandra Majumder And ORS v. La Collector Birbhum

29.01.2025 sb Ct 5

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION CO 4339 of 2024 Sudip Chandra Majumder & Ors.

Versus

L. A. Collector, Birbhum Ms. Sormi Dutta ... For the Petitioners.

1. The instant revisional application has been filed, inter alia, praying for a direction upon the learned District Judge, Birbhum, Suri, to expeditiously dispose of the L.A. Case No. 01 of 2016 which has since been renumbered as L.A.C. 02 of 2017.

2. The petitioners claim that the land acquisition collector Birbhum issued a notice under Section 4 of the Land Acquisition Act, 1894 on 23rd July 2013 for acquisition of certain plots as notified therein (hereinafter referred to as the "said Act").

3. It is the petitioners' case that the Assistant Secretary State Government had issued a letter dated 28th September 2015 addressed to the petitioner no.1 intimating that estimated compensation for the land had been approved.

However, since the requiring body being Viswa Bharati was unable to make payment of the entire compensation, the Joint Secretary State

Government had issued a letter addressed to the D.M. Collector Birbhum on 16th June 2016 intimating that the Registrar Viswa Bharati had requested to complete acquisition in respect of three plots instead of the five plots already notified. Accordingly, a revised notification was issued on 16th June 2016. Upon completion of acquisition of the plots notified above possession was also delivered to the requiring body.

4. Although award was published, the same included the names of owners of the plots in respect whereof the acquisition was not completed. It is a petitioners' case that although award had been published, the petitioners have not been disbursed the compensation on account of certain disputes in relation to apportionment though, the entire awarded compensation has been deposited in court.

5. According to the petitioners, the proceeding for apportionment is going on before the learned District Judge for nearly a decade and the petitioners are yet to receive their apportioned amount. The petitioners pray for expeditious disposal of the above proceedings.

6. Considering the nature of relief sought for, the instant revisional application is taken up for

consideration without prior service of notice on the opposite party.

7. Having heard the learned advocate for the petitioners and considering the fact that the petitioners are entitled to an order of apportionment on expeditious basis, I direct the learned District Judge, Birbhum, to dispose of the L.A. Case No. 01 of 2016 which has since been renumbered as L.A.C. 02 of 2017 as expeditiously as possible preferably within a period of three months from the date of communication of this order.

8. The petitioners are directed to communicate this order along with a copy of the revisional application on the opposite party and to intimate the factum of service before the learned Trial Court.

9. With the above observations and directions the revisional application is disposed of.

10.

There shall be no order as to costs.

Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Raja Basu Chowdhury, J.)