Calcutta High CourtWPA/1808/2024disposed

Kartick Dutta And ANR. v. The State Of West Bengal And ORS.

2024-12-04Hon'Ble Justice Biswajit Basu2 pages

04.12.2024 Item 19, Ct.2 Sandip

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CONSTITUTIONAL WRIT JURISDICTION WPA 1808 of 2024 Kartick Dutta & Anr.

-VsThe State of West Bengal & Ors.

Mr. Atarup Banerjee, Mr. Arindam Sen, Mr. Samit Bhanja ...for the petitioners.

Mr. Hirak Barman, Mr. Bikash Singha ...for the State.

Ms. Supriya Singh ...for the respondent N.H.A.I.

Affidavit-of-service filed on behalf of the petitioners be kept with the record.

A report is filed on behalf of the Project Director, National Highway Authority of India; let it be kept with the record.

The petitioners are claiming to have title over the land comprised in Dag No. 594 recorded in Khatian Nos. 1258 and 1259 of Mouza - Khalaigram, District - Jalpaiguri.

The petitioners are praying demarcation of their land on the ground that though their land is not the subject matter of the GHOSHPUKURDHUPGURI (PKG - 1) ROAD PROJECT but they are apprehending that their land may be erroneously exploited in the said project.

The report filed today justifies the claim of the petitioners. The letter of the Project Officer dated September 05, 2024 forms part of the report whereby the Special Land Acquisition Officer and Competent

Authority of Land Acquisition, District - Jalpaiguri, the respondent no. 3 herein, has been requested to demarcate the land of the petitioners from the project land.

The respondent no. 3 is directed to take steps for such demarcation in terms of the said letter in accordance with law, as expeditiously as possible, preferably within a period of six weeks from the date of communication of this order.

W.P.A. 1808 of 2024 is disposed of with the above terms without any order as to costs.

Since no affidavit has been invited, the allegations made in the writ petition are deemed to have been denied by the respondents.

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

(Biswajit Basu, J.)