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Calcutta High CourtWPA/273/2025dismissed

Liton Ghosh v. The National Highway Authority Of India And ORS

2025-01-30Hon'Ble Justice Aniruddha Roy3 pages

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI APPELLATE SIDE 30.01.2025 Sl. No.13 Crt.02 b.r.

W.P.A. 273 of 2025 Liton Ghosh Vs.

The State of West Bengal & Ors.

Mr. Deborshi Dhar .... for the petitioner.

Mr. Nabankur Paul Mr. Pradip Sarkar .... for the State.

Affidavit of service filed in Court today, is taken on record.

Mr. Deborshi Dhar, learned advocate, appears for the petitioner.

Mr. Nabankur Paul, learned State advocate with Mr. Pradip Sarkar, learned State advocate appear for State-respondents.

Pursuant to an order dated April 13, 2022 passed by a Co-ordinate Bench in the earlier writ petition, the respondent was directed to hear out the petitioner and dispose of its claim with a reasoned order.

The petitioner claims compensation for

acquiring his land by the National Highway Authority of India (NHAI).

Today, in course of the hearing, the learned State counsel submits the reasoned order dated November 18, 2022 passed by the jurisdictional Special Land Acquisition Officer wherefrom it appears that upon verification of records it is evident that the petitioner alleged to have purchased the subject land after the proceeding for acquisition was initiated. This purchase is totally bad in law, hence the petitioner is not entitled to receive any compensation. Copy of the reasoned order dated November 18, 2022 placed before this Court, is taken on record. Copy of the reasoned order dated November 18, 2022 has been made over to Mr. Dhar, learned advocate appearing for the petitioner in Court today. In the event any further proceeding is initiated seeking compensation by the self-same petitioner and it is found that reasons in the reasoned order to be correct then the competent authority shall initiate criminal proceeding against the petitioner forthwith. In view of the above, this writ petition, WPA 273 of 2025 stands dismissed, without any order as to costs.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisites formalities.

(Aniruddha Roy, J.)