Jayanti Roy v. The State Of West Bengal And ORS

Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction 2 14.09.2023 spal Ct. no. 2 WPA/1217/2023 JAYANTI ROY VS THE STATE OF WEST BENGAL AND ORS Mr. Subinay Dey Mr. Debanjan Das ...For the petitioner Ms. Supriya Singh ...For N.H.A.I.

Mr. Subir Kumar Saha Mr. Pretom Das ...For the State The grievance of the petitioner pertains to non-payment of compensation in respect of acquisition proceedings pertaining to the land of the petitioner.

It is submitted on behalf of the petitioner that notwithstanding the subject premises having been acquired by the respondents, no compensation has been paid to the petitioner.

It is submitted on behalf N.H.A.I. that they have paid the entire consideration to the State respondents and the petitioner is not entitled to any compensation.

It is submitted on behalf of the State respondents that an affidavit has been filed stating

that the entire consideration in respect of plot no.6921(LR) has been paid by the State respondents to one Amarnath Kundu who is son of late Aswini Kundu.

In such circumstances, there is no question for any payment to the petitioner, the entire compensation having been paid to the land owner, the petitioner has no right, title and interest in the said premises.

Admittedly, the subject premises comprises of an area of approximately 0.08 acre being plot no.6921(LR). The payment in respect of the entire plot being plot no.6921(LR) has been paid by the respondent authorities to one Amarnath Kundu, son of Aswini Kundu on the basis of the records of the Land Department. Accordingly, the grievance of the petitioner that compensation has not been paid to the land owner is unfounded and without any basis.

In view of the aforesaid, WPA/1217/2023 stands dismissed.

(Ravi Krishan Kapur, J.)