M/S. Modern Animal Feeds (P) Ltd. v. State Of West Bengal

S/L. 10.

05.11.2019 pk Calcutta High Court In The Circuit Bench At Jalpaiguri Appellate Jurisdiction WPA 204 of 2019 M/s Modern Animal Feeds (P) Ltd. and another -Vs.- The State of West Bengal & Others Mr. Subir Kumar Saha, Mr. Bikramaditya Ghosh ...for the State Ms. Supriya Singh ... for the respondent no. 3.

None appears for the petitioners although affidavits have been exchanged.

It is submitted by the learned advocate for the respondent no. 3/NHAI that repeated adjournments have been taken by the petitioners. It is also submitted on merits that notice under Section 3(E) has been duly issued by the NHAI after determination of compensation and deposit thereof with the competent authority. Time period stipulated therein has since expired and the petitioner has not surrendered possession of the said property.

In those circumstances, since there is no representation on behalf of the

petitioners, it is presumed that the petitioner is no longer interested in pursuing the writ petition.

National Highways Authority of India shall take physical possession of the property and also take further steps under Section 3(E)(2) of NHAI Act.

With the aforesaid direction, the writ petition is disposed of without any further orders.

Photostat certified copy of this order, if applied for, be given to the parties on urgent basis.

(Rajasekhar Mantha, J.)