Dhanesh Barman v. Union Of India And ORS

07.04.2025 Ct. No.2 Rohit Calcutta High Court In the Circuit Bench at Jalpaiguri WPA 601 of 2025 Dhanesh Barman -vs- Union of India & Ors.

Mr. Kalipada Das ...for the Petitioner Mr. Pretom Das Ms. Bedashruti Bose ...for the State Mr. Dipankar Das ...for the Respondent No.4 (NHAI) The petitioner claims to have purchased LR Plot No. 1227 from one Tusharlal Ghosh @ Tushar Kranti Ghosh by a registered deed of conveyance dated October 26, 2021. The petitioner alleges that the property of the petitioner was acquired for the purpose of construction of NHA-27. The petitioner alleges that neither any notice under sub-Section4 of Section 3G of the National Highways Act, 1956 was served upon the petitioner nor any compensation has been paid to the petitioner.

The learned Advocate appearing for the State files a copy of the written instruction given to the learned Additional Government Pleader by the Special Land Acquisition Officer dated 2nd of April, 2025 which is taken on record.

It appears that the declaration under Section 6 of the Land Acquisition Act was published in Kolkata Gazette on 6th of March, 2002 and the land being RS Plot No. 993 corresponding to LR Plot No. 1227 and 2468 was acquired and the then owner namely Tusharlal Ghosh @ Tushar Kranti Ghosh already received compensation vide cheque dated 6th of August, 2002.

It appears that the petitioner purchased long after the plot was acquired and compensation was received by the original owner. In view thereof, this Court is not inclined to grant any relief in favour of the writ petitioner. For the reasons as aforesaid WPA 601 of 2025 stands dismissed. However, this order of dismissal shall not prevent the petitioner from working out his remedies in accordance with law.

(Hiranmay Bhattacharyya, J.)