Biswanath Ghosh v. Union Of India And ORS

Sl.14 08.04.2025 Court No.2 BP Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Side WPA 723 of 2025 Biswanath Ghosh -versusUnion of India & Ors.

Mr. Kalipada Das ..for the petitioner Mr. Momenur Rahman Mr. Sourav Sarkar ..for the State Ms. Supriya Singh ..for NHAI Affidavit of service filed in Court today is taken on record.

The petitioner claims to be the owner of L.R. Plot Nos. 1223 and 1224 within mouza Purba Kathalbari under Police Station Alipurduar in the District of Alipurduar by virtue of inheritance from his father namely, Ajit Kumar Ghosh.

Learned advocate appearing for the petitioner submits that the aforesaid plots of land were utilized for the purpose of construction of the national highways. The petitioner has submitted a representation before the Special Land Acquisition Officer, Land Acquisition Department, Jalpaiguri by a letter 10th December, 2024. He submits that no

such decision on such representation has been communicated to the petitioner till date.

The State and National Highway Authority are represented by their respective learned advocates. After hearing the learned advocates appearing for the respective parties this Court is of the considered view that the Special Land Acquisition Officer, Land Acquisition Department, Jalpaiguri is required to take a decision on the representation submitted by the petitioner within a specified time.

Without entering into the merits of the claim made in the said representation, WPA 723 of 2025 is disposed of by directing the Special Land Acquisition Officer, Land Acquisition Department, Jalpaiguri being the 2nd respondent to consider the representation of the petitioner dated 10th December, 2024 and to dispose of the same in accordance with law by passing a reasoned order after giving an opportunity of hearing to the petitioner or his authorized representative and to communicate the decision to the petitioner immediately thereafter.

The entire exercise shall be completed as expeditiously as possible but positively within a period of six weeks from the date of receipt of a

server copy of this order along with a copy of the representation dated 10th December, 2024.

There shall be, however, no order as to costs.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Hiranmay Bhattacharyya, J.)