Paresh Chandra Sarkar v. State Of West Bengal And ORS.

09 22.02.2021 CALCUTTA HIGH COURT Sc

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE JURISDICTION (Via Video Conference) W.P.A. 279 OF 2021 ---------- Sri Paresh Chandra Sarkar -vs.- The State of West Bengal & Ors.

Mr. Jagriti Mishra ....For the Petitioner.

Mr. Bikramaditya Ghosh ....For the State Ms. Supriya Singh ....For the Respondent no. 5./N.H.A.I.

1.

This is an application under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by the inaction on the part of the respondent authorities, being the respondent no.2 herein, in considering his representation dated June 30, 2015.

2.

I have heard counsel appearing for both the parties and perused the materials on record. In my view, this matter should be sorted out properly by the officer concerned.

3.

In light of the same, I direct the respondent no.2, Special Land Acquisition Officer and Competent Authority Land Acquisition (SLAO & CALA), Jalpaiguri, herein to grant an opportunity of

hearing to the petitioner and the private respondents in terms of Section 3(H)(4) of the National Highways Act, 1956 and thereafter pass a reasoned order within a period of four weeks from the date of communication of this order. The reasoned order be communicated to the petitioners within a week of passing of the same.

4.

It is made clear that if the order is in favour of the petitioner, consequential benefits should follow expeditiously.

5.

With the above direction the writ petition is disposed of. There will be no order as to costs. 6.

I make it clear that I have not gone into the merits of this case.

7.

Since no affidavit-in-opposition is called for, the allegations made in the writ petition are deemed not to have been admitted.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Shekhar B. Saraf, J.)