M/S. Ranicherra Tea Company Limited v. The State Of West Bengal And ORS

07.03.2022 d.p.

Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction W.P.A. 1765 of 2021 (Via Video Conference) M/S. Ranicherra Tea Company Limited -versus The State of West Bengal & Ors.

Mr. Partha Pratim Roy, Mr. Dyutiman Banerjee.

...For the Petitioner.

Ms. Supriya Singh.

...For NHAI.

Mr. Bikramaditya Ghosh, Mr. Pretom Das.

...For the State.

The petitioner alleges that its land has been acquired for the purpose of construction of National Highway but compensation has been paid only on account of the structure but not in respect of the land acquired.

The petitioner claims to have made representation before the respondent authorities praying for compensation on 5th May, 2018 and alleges that the said representation has not been taken up for consideration till date.

As it appears that the representation of the petitioner is pending consideration at the end of the respondent authorities, no useful purpose will be served by keeping the writ petition pending.

The writ petition is accordingly, disposed of by directing the respondent No.4 being the Special Land Acquisition Officer, Jalpaiguri to take a decision with regard to the representation filed by the petitioner on 5th May, 2018 strictly in accordance with law at the earliest, but positively within a period of eight weeks from the date of communication of a copy of this order. The said respondent shall pass a reasoned order and communicate the same to the petitioner immediately thereafter.

It is made clear that this Court has not entered into the merits of the claim made by the petitioner and all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioner.

The petitioner is directed to forward a copy of the representation dated 5th May, 2018 to the aforesaid respondent at the time of communicating the order of this Court.

The writ petition stands disposed of.

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

( Amrita Sinha, J.)