Md.Chhaiful Minya@Amir Hussain v. The State Of West Bengal And ORS

02.05.2025 Court No. 2 Item No. 17 AGM Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction WPA 2654 of 2024 Md. Chhaiful Minya @ Amir Hussain

Versus

The State of West Bengal & Ors.

Mr. Deborshi Dhar.

......for the petitioner.

Ms. Supriya Singh.

... For the NHAI.

Mr. Pretom Das.

... For the State.

1.

The land along with trees of the petitioner is claimed to have been acquired under the provisions of the National Highways Act, 1956.

2.

The petitioner alleges that compensation on account of the same has not been paid till date. 3.

The petitioner appears to have made representation before the District Magistrate, Alipurduar seeking compensation.

4.

It has been submitted by the learned advocate for the State that the competent authority for grant of compensation under the National Highways Act, 1956 will be the Special Land Acquisition Officer, Jalpaiguri.

5.

In view of the above, leave is granted to the petitioner to make a comprehensive representation

before the Special Land Acquisition Officer, Jalpaiguri along with supporting documents in favour of his claim within 13th May, 2025.

6.

In the event such a representation is made, the same shall be considered by the authority in accordance with law after giving a reasonable opportunity of hearing to the petitioner at the earliest but positively within a period of twelve weeks from the date of receiving the representation.

7.

If any amount is found due and payable, the same shall be paid to the petitioner immediately thereafter.

8.

The writ petition stands disposed of.

9.

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

(Amrita Sinha, J.)