Suggi Kumari v. The Lieutenant Governor And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WPA/56/2020 Suggi Kumari Vs.

The Lieutenant Governor and others Mr. KMB Jayapal ... for the petitioner Mr. V.D.Sivabalan ... for the respondents August 21, 2023 [SR] Item No.17 The petitioner claims to be contiguous plot owner of the plot which was acquired by the respondents in the village Garacharma. The land in question, though stood acquired, but possession was not taken from the petitioner. The petitioner prays for release of the land from acquisition on the ground that the said land is no longer required by the Administration.

The petitioner refers to the order passed by the Hon'ble Division Bench on 2nd September, 2019 where, in similar circumstances, the Hon'ble Division Bench in MA/028/2019 (Shri Sant Lal vs. The Lieutenant Governor and others) was placed to direct the Administration to issue similar notification under Land Acquisition Act, 1894 in respect of the villages Garacharma and Prothrapur.

The petitioner submits that as the petitioner is similarly circumstanced and stands in the same footing as

that of Shri Sant Lal (supra), accordingly, similar relief may be granted in her favour.

Learned advocate respondent authorities submits, upon instruction, that the petitioner accepted the compensation in terms of the award under the Land Acquisition Act long ago and at this stage the petitioner cannot seek release of the land from acquisition. It has further been submitted that no representation has been filed by the petitioner seeking release of the land from acquisition.

Upon hearing the submissions made on behalf of both the parties and upon perusal of the materials on record, it appears that indeed an order was passed by the Hon'ble Division Bench on 2nd September, 2019 in MA/028/2019 in the matter of Shri Sant Lall (supra) directing the Administration to take a decision with regard to the notification being issued releasing the land from acquisition. The petitioner claims to stand on the same footing. The learned advocate representing the Administration submits, upon instruction that, the direction passed in the order dated 2nd September, 2019 in the matter of Shri Sant Lall (supra) is yet to be complied with.

Accordingly, the Administration is directed to consider the case of the petitioner along with all other parties as in the

matter of Shri Sant Lal (supra) and pass a reasoned order in terms of the direction dated 2nd September, 2019. A decision shall be taken in the matter at the earliest but positively within a period of eight weeks from the date of communication of this order. An opportunity of hearing shall be given to the petitioner to place all relevant documents in support of her claim.

Learned advocate for the petitioner is directed to forward copy of all documents including the order passed by the Hon'ble Division Bench on 2nd September, 2019 to the aforesaid respondent at the time of communicating the order of the Court.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J. )