Subhashis Das v. The State Of West Bengal And ORS
Court No. 2
IN THE HIGH COURT AT CALCUTTA
Circuit Bench At Jalpaiguri Constitutional Writ Jurisdiction Appellate Side W.P.A. 1856 of 2024 Subhashis Das VS The State of West Bengal & Ors.
Mr. Subinay Dey Mr. Debanjan Das ..... for the petitioner Mr. Momenur Rahman Mr. Bikash Singha .... For the State Affidavit of service filed today in Court, is 06.9.2024 (Item No. 39) (AB) taken on record.
The petitioner claims to be the owner of alleged 0.29 acres of land as more fully and particularly described in paragraph 2 to the writ petition. The petitioner claims to be the successor-in-interest in respect of the land. The petitioner submits that arising out of a land acquisition case being No. LAP 0.5/08-09 the land of the predecessor-in-interest of the petitioner was acquired and utilized. The specific case of the petitioner is that, no compensation was whatsoever paid either to the predecessor-in-interest of the petitioner or to the petitioner. The petitioner has submitted several representations since the year 2021. On the strength of alleged legal heir certificate at pages 19 and 20 to the writ petition obtained in
the year 2024. The petitioner claims alleged unpaid compensation on account of land acquisition.
Mr.
Momenur rahman, learned counsel appearing for respondent Nos. 1 to 6.
The Railways was the requiring body and the State authority was the acquiring body.
Railways are not represented today, despite notice.
The law is trite that, when the land has been acquired, the land loosers must receive the compensation in accordance with law.
After considering the submissions made on behalf of the parties and upon perusal of the materials on record, to sub-serve justice, the petitioner shall serve a copy of the writ petition along with a copy of today's order upon respondent No. 6 and respondent No. 9 forthwith.
The respondent No. 6 then upon issuing a prior hearing notice of at least two weeks upon the petitioner, respondent No. 9 and any other interested parties on the land and after giving them an opportunity of hearing shall decide the claim of the petitioner in the light of the case made out in the writ petition by passing a reasoned order in accordance with law.
The entire exercise as directed above shall be carried out and completed by the respondent No. 6
positively within a period of Ten weeks from the date of communication of this order. The reasoned order shall be communicated to the petitioner, respondent No. 9 and any other interested parties who shall be represented in the hearing positively within a further period of three weeks from the date of the said reasoned order to be passed.
It is made clear that, this Court has not gone into the merits of the claim of the writ petitioner and the petitioner and other interested parties, if any, shall be at liberty to urge whatever points they wish to urge by relying upon whatever records and documents they wish to rely upon before the respondent No. 6. It is made clear that, this order shall not create any right or equity in favour of the petitioner or any other interested parties, if any, if they do not succeed to their respective claims to receive compensation strictly in accordance with law.
In the event, it appears from records that, the compensation in respect of the acquired land has already been paid to the predecessor-in-interest, then the respondent Nos. 6 and 9 shall be free to proceed against the petitioner including with criminal proceedings in accordance with law.
Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.
With the above observations and directions, this writ petition W.P.A. 1856 of 2024 stands disposed of, without any order as to costs.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties expeditiously, on compliance of usual legal formalities.
(Aniruddha Roy, J.)