Shibu Pal vs Union Of India & Ors
2022 Latest Caselaw 1823 Cal

06.04.2022
rc/ct.no.10
Item No.09
                               WPA No. 2322 of 2020
                                    Shibu Pal
                                      Versus
                               Union of India & Ors.


                    Mr. Arindam Das
                    Mrs. Rumeli Sarkar            ....for the petitioner

                    Mrs. Manika Roy               ...for the NHAI

                    Mr. Chandi Charan De
                    Mr. Soumitra Bandyopadhyay
                    Mr. S. Bandyopadhyay       ...for the State


                    Heard learned counsels appearing on behalf of the

              parties.

                    In the subsequent report submitted by the Special

              Land Acquisition Officer, Nadia today, it is indicated that

              the earlier Form -13 may be accepted by the Court for

              payment of compensation to the petitioner. The report

              further reveals that Form - 13 was issued by the

              Department as per the old manual and it was detected

              thereafter that the National Highways Manual is applicable

              in this case. The report of the Special Land Acquisition

              Officer, Nadia submitted by the learned counsel appearing

              on behalf of the State-respondents is taken on record.

Placing reliance on the judgment of the Hon'ble

Supreme Court in the case of Naresh Kumar & Ors. Vs.

Government (NCT of Delhi) reported in (2019)9 SCC

416, learned counsel appearing on behalf of the petitioner

submits that the power of review of an award can be

exercised only when the statute provides for the same. In the case in hand, in absence of any such provision of law,

the authority could not have passed a second award in

favour of the petitioner, reducing the amount of

compensation.

It is submitted by the learned counsel appearing on

behalf of the National Highway Authority of India that this

judgment pertains to the Land Acquisition Act, 1894 and

the National Highways Act, 1956 has its own procedure for

grant of award.

Be that as it may, in view of the contention of the

State-respondents in the report submitted by them today

this Court is inclined to hold that the representation

submitted by the petitioner before the authority on

September 08, 2017 be considered by the authority in

terms of the report submitted by them this day.

Accordingly, this writ petition is disposed of directing

the 7th respondent to consider and dispose of the

representation submitted by the petitioner dated

September 08, 2017 within a period of two months from

the date of communication of this order in terms of the

report submitted by them today, after giving reasonable

opportunity of hearing all the interested parties including

the petitioner, in accordance with law. The decision taken

by the authority shall be communicated to the petitioner

within a week thereof.

With the above observations and directions this writ

petition being WPA No. 2322 of 2020 is disposed of.

There shall be, however, no order as to costs.

Since no affidavit is invited, the allegations

contained in the petition are deemed not to be admitted.

Urgent certified website copy of this order, if applied

for, be furnished to the parties upon compliance of

necessary formalities.

(Suvra Ghosh,J)