Anil Kumar Majumder v. State Of West Bengal And ORS.

24.02.2020.

pk Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction W.P.A. 1003 of 2019 Anil Kumar Majumder -versus The State of West Bengal & Ors.

Mrs. Suman Sehanabis (Mandal) Ms. Arpita Saha ...For the Petitioner.

Mr. Debabrata Dhar, AGP, Ms. Paramita Sahu For the State Mrs. Supriya Singh For the respondent no.5 The petitioner is aggrieved by the amount of compensation paid on account of acquisition of his land for the purpose of construction of four-lane Highway under the National Highways Act, 1956. The petitioner made a representation before the Arbitrator for consideration of his objection against the amount of compensation under Section 3(G) (5) of the aforesaid Act on 24th September 2019. The petitioner's grievance is that the said objection has not been considered by the Arbitrator till date.

The respondent no. 2 being the Divisional Commissioner, Jalpaiguri Division is the Arbitrator to decide the issue in question.

In view of the above, the instant writ petition is disposed of by directing the respondent no. 2 being the Divisional Commissioner, Jalpaiguri Division to consider and dispose of the representation made by the petitioner on 24th September 2019 strictly in accordance with law after giving an opportunity of hearing to the petitioner within a period of twelve weeks from the date of communication of a copy of this order and to pass a reasoned order and communicate the same to the petitioner within a fortnight thereafter.

It is made clear that this court has not gone into the merits of this case and all points are left open to be decided by the said respondent at the time of consideration of the representation of the petitioner. WPA No. 1003 of 2019 is disposed of.

Urgent Photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)