Gajen Barman v. The State Of West Bengal And ORS
09.01.2024 Item Nos.20-45 gd WPA/2918/2023 KANGARU BARMAN VS THE STATE OF WEST BENGAL & ORS.
with WPA/2919/2023 MADHAB BARMAN VS THE STATE OF WEST BENGAL AND ORS.
with WPA/2920/2023 GITA BARMAN VS THE STATE OF WEST BENGAL AND ORS.
with WPA/2921/2023 SABITA BARMAN VS THE STATE OF WEST BENGAL AND ORS.
with WPA/2922/2023 JADAB BARMAN VS THE STATE OF WEST BENGAL AND ORS.
with WPA/2923/2023 UPENDRA NATH BARMAN VS THE STATE OF WEST BENGAL AND ORS with WPA/2924/2023 SHAILABALA BARMAN VS THE STATE OF WEST BENGAL AND ORS with WPA/2925/2023 KARTIK CHANDRA BARMAN VS THE STATE OF WEST BENGAL AND ORS with WPA/2926/2023 BUDESHWAR BARMAN VS THE STATE OF WEST BENGAL AND ORS with WPA/2927/2023 NARESH BARMAN VS THE STATE OF WEST BENGAL AND ORS with WPA/2928/2023 NARESH BARMAN VS THE STATE OF WEST BENGAL AND ORS with WPA/2929/2023 SUNITY BARMAN VS THE STATE OF WEST BENGAL AND ORS with WPA/2930/2023 SARASWATI BARMAN
VS THE STATE OF WEST BENGAL AND ORS with WPA/2932/2023 RATAN BARMAN VS THE STATE OF WEST BENGAL AND ORS with WPA/2934/2023 SARADA BARMAN VS THE STATE OF WEST BENGAL AND ORS with WPA/2935/2023 LAKSHI BARMAN VS THE STATE OF WEST BENGAL AND ORS with WPA/2936/2023 SUSHIL CHANDRA BARMAN VS THE STATE OF WEST BENGAL AND ORS with WPA/2938/2023 MAYNA BARMAN VS THE STATE OF WEST BENGAL AND ORS with WPA/2939/2023 ANNADA BARMAN VS THE STATE OF WEST BENGAL AND ORS with WPA/2940/2023 BASANTI ROY VS THE STATE OF WEST BENGAL AND ORS with WPA/2941/2023 GAJEN BARMAN VS THE STATE OF WEST BENGAL AND ORS with WPA/2944/2023 ASHA BARMAN VS THE STATE OF WEST BENGAL AND ORS with WPA/2946/2023 JHARHIBALA BARMAN VS THE STATE OF WEST BENGAL AND ORS with WPA/2947/2023 NANDESHWAR BARMAN VS THE STATE OF WEST BENGAL AND ORS with WPA/2950/2023 NIYATI BARMAN VS THE STATE OF WEST BENGAL AND ORS with WPA/2952/2023 RAMESH BARMAN VS THE STATE OF WEST BENGAL AND ORS
Mr. Subinay Dey, Mr. Debanjan Das ..for the Petitioners.
Mr. Joyjeet Chowdhury, ld. Addl. AG, Mr. Subir Kumar Saha, Mr. Hirak Barman, Mr. Sumit Kumar, Mr. Momenur Rahman, Mr. Anirban Banerjee, Mr. Pretom Das, Ms. Rima Sarkar, Mr. Bedashruti Basu, Mr. Kumar Shantanu, Ms. Patralekha Choudhury, Mr. Nabankur Paul, Ms. Pratusha Dutta Chowdhury, Mr. Sourav Sarkar, Mr. Sandip Guha Roy, Mr. Bikash Singha, Mr. Sumit Kumar, Mr. Pradip Sarkar ..for the State.
Since identical questions of fact and law are involved in these writ petitions, the same are taken up for analogous hearing and are being disposed of by a common order.
The writ petitioners claim that their properties have been acquired for the purpose of construction of Jamaldaha-Ranirhat Road via Uchalpukuri under Police Station-Mekhliganj in the District of Cooch Behar. The petitioners have claimed that though the possession of the lands of the petitioners have been taken long back but no compensation has been paid to them till date.
The learned Additional Advocate General submits that the petitioners have not furnished necessary particulars so as to enable the respondent authorities to consider as to whether the petitioners are entitled to any compensation.
After going through the writ petitioners, this court finds that only an order passed under subsection (1) of Section 3 of the West Bengal Land (Requisition and Acquisition) Act, 1948 has been annexed. It appears that an application for correction of the wrong recording in the record of rights have been made. A copy of the representation signed by the petitioners without any date has also been annexed.
The learned advocate appearing for the petitioners submits that the track report annexed to the writ petition shows that the said representation has been received by the respondent authority. However, after going through the writ petition, this court finds that the petitioners have not furnished any documents in support of their claim for payment of compensation.
In view thereof, the writ petitions are disposed of by granting liberty to the petitioners to make comprehensive representations before the Special Land Acquisition Collector, Coochbehar, being the 6th respondent, annexing documents in support of their
claim for compensation. If such representation is made, the Special Land Acquisition Collector shall consider and dispose of the same by passing a reasoned order upon giving an opportunity of hearing to the petitioners/his or her authorized representative and communicate the decision to the petitioners immediately thereafter.
The entire exercise shall be completed by the 6th respondent within a period of three months from the date of receipt of the comprehensive representation in terms of this order along with a server copy of this order.
(HIRANMAY BHATTACHARYYA, J.)