T And I Global Limited ANR v. The State Of West Bengal And ORS
25.02.2026 In The High Court At Calcutta Piya CIRCUIT BENCH AT JALPAIGURI ct no. 5 APPELLATE SIDE sl. 06 WPA 2589 of 2023 T & I Global Limited & Anr.
Vs.
The State of West Bengal & Ors.
Ms. Supriya Singh ......for the Petitioner Mr. Joyjit Choudhury, Ld. AAG Mr. Hirak Barman Ms. Bedashruti Bose ......for the State Mr. Debabrata Sarkar Mr. Sandip Guha Roy ...... for the Respondent No. 5 1.
The writ application has been preferred praying for direction upon the respondent authorities to initiate appropriate land acquisition proceedings in terms of the relevant provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
2.
On hearing the learned counsels for the parties it appears that the petitioner claims that the road which has been constructed by the respondent State authorities has been done by using 1.95 acres of land of the petitioner herein and as such the petitioner is entitled to compensation for the taking
over of land measuring .72 acres and not 1.95 acres as claimed by the State.
3.
On hearing the parties and on perusal of the materials on record it appears that the State has filed its report and the petitioner has filed exception thereto. The report submitted by the State shows that a total area of .72 acres has been used by the State to build a bridge for public use and a pucca road has been constructed in place of the kaccha road which was also being used by the public. 4.
It is further stated that no further construction nor any nature and character of the property has been undertaken by the State, other than by way of development of the area.
5.
A map submitted by the State authority shows that the road has been constructed adjacent to plots no. 388, 389, 391 and 398. The petitioners claim that certain portion of land in plots no. 414, 415, 417 and 418 has also been used by the respondent State and as such the petitioner herein is severely prejudiced as the petitioner is entitled to compensation for 1.95 acres of land.
6.
On perusal of the materials on record and the map annexed to the report by the State this Court finds that the State has not used any portion of the land in respect of plots no. 414, 415, 417 and 418.
7.
As such, the petitioners' said claim has no merit and the respondent State authorities are directed to proceed to grant compensation to the petitioner in accordance with law to the extent of portion of land used by the State for making a pucca road in place of the kaccha road used by the public is in respect of .72 acres of assessed.
8.
Writ application stands disposed of.
9.
All connected application, if any, stands disposed of.
10.
Interim order, if any, stands vacated.
11.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, expeditiously after complying with all necessary legal formalities.
(Shampa Dutt (Paul), J.)