T And I Global Limited And ANR v. The State Of West Bengal And ORS

S/L 05 01.07.2026 Court No.7 Susanta CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

CIVIL APPELLATE JURISDICTION MAT 40 of 2026 CAN 1 of 2026 CAN 2 of 2026 T & I Global Limited & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Nabankur Paul, Mr. Bodhisatya Ghosh ... for the Appellants.

Mr. Jagriti Mishra, Ld. AAAG Ms. Radhika Agarwal ... for the State.

1. The petitioners have challenged the order dated 25th February, 2026 passed by the learned Single Judge.

2. By the said order, the learned Single Judge was pleased to observe that the petitioners' claim for compensation do not have any merit in respect of 1.95 acres of land and the State respondents were directed to proceed to compensation to the petitioners in accordance with law to the extent of the portion used by the State for making pucca road in respect of .72 acres of land.

3. The specific claim of the petitioners is that 1.95 acres of land have been utilized by the State. The Court directed for payment of compensation in respect of only .72 acres of

land on the basis of the report submitted by the State respondents.

4. Prayer has been made to direct the respondents to pay compensation in respect of 1.95 acres of land.

5. Upon hearing the submissions made on behalf of both the parties and on perusal of the materials on record, it appears that the petitioners' claim regarding utilization of 1.95 acres of land has been categorically denied by the State authority by filing a report. The State has admitted utilizing .72 acres of land.

6. Once the State respondents deny the claim of the petitioners, the factual issue becomes disputed. Such dispute cannot be resolved by the Writ Court.

7. In view of the above, the Court is not inclined to interfere with the order passed by the learned Single Judge.

8. It will be open for the petitioners to avail remedy, in accordance with law, for seeking compensation in respect of the balance portion of land over which the petitioners'

claim right.

9. As regards the direction passed by the learned Single Judge for of compensation to the petitioners in respect of .72 acres of land, the State respondents shall

take steps to compensation as expeditiously as possible.

10.

The appeal and the connected applications stand disposed of.

11.

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

(Amrita Sinha, J.) (Ajay Kumar Gupta, J.)