Gobinda Das & Ors vs The State Of West Bengal & Ors
2022 Latest Caselaw 2131 Cal

20.04.2022
rc/ct.no.10
Item No.341
                               WPA No. 12886 of 2017
                                 Gobinda Das & Ors.
                                         Vs.
                           The State of West Bengal & Ors.


                    Mr. Udayan Ray                   ...for the petitioners

                    Mr. Chandi Charan De
                    Mr. Anirban Sarkar                       ...for the State


                    On the prayer of the petitioners liberty is granted to

              them to implead the Collector, Land Acquisition, Howrah

              as respondent no. 7 in the writ petition. The cause title of

the writ petition be amended accordingly.

The petitioners are directed to serve copy of the writ

petition along with annexures thereto upon the respondent

no. 7 in course of this day.

It is submitted on behalf of the parties that exchange

of affidavits is not required in the matter.

The petitioners have prayed for parity with the co-

owners of the property in question who have been granted

enhanced compensation by the respondents in terms of

the order passed in C.O.No. 15853(W) of 1995.

The petitioners are recorded co-owners of the plot in

question which was requisitioned by the Government for

construction of godown for storage of foodgrains under

Food and Supplies Department. Possession of the plot was

taken on April 12, 1945 and notification was published in

the Calcutta Gazette on March 13, 1980. The land was

acquired vide LA Case No. 1(ActVIII) of 1979-80. Being aggrieved by the amount of compensation assessed by the

Collector Land Acquisition, Howrah, the petitioners filed a

petition for enhancement of compensation which was sent

to the Tribunal which by an order dated 15.09.1989,

allowed the prayer of the petitioners and granted

compensation @20% per cottah along with 30% solatium

thereon and 12% per annum on the enhanced

compensation. Further interest @15% from the date of

compensation till payment of the amount was also

awarded by the Tribunal. Pursuant to the said order

several representations were made by the petitioners which

fell on deaf ears. Some of the claimants being the co-

owners of the plots in question moved an application

under Article 226 of the Constitution India before this

Court for realisation of their dues and by an order dated

August 03, 1992 in C.O.No. 10559(W) of 1992, a

coordinate Bench of this Court directed the authority to

dispose of the claim of the co-owners within 12 weeks from

the date of communication of the order. Pursuant to such

order, part payment was made to the said claimants/co-

owners by the Collector, Land Acquisition, Howrah who

abstained from making payment of the interest @12% per

annum on the enhanced compensation. Some of the co-

owners subsequently filed another writ petition before this

Court and by an order dated November 16, 1995 in

C.O.No.15853(W) of 1995, a co-ordinate Bench of this

Court directed disposal of the matter and payment, if admissible, within a month from the date of

communication of the order. Due to non-compliance of the

said order a contempt application was filed against the

respondents during pendency of which the State of West

Bengal preferred an appeal against the judgment and order

passed in the LA Case along with an application under

Section 5 of the Limitation Act praying for condonation of

delay in preferring the appeal. The application for

condonation of delay was rejected by the Hon'ble Division

Bench of this Court by an order dated August 25, 2006 in

CAN No. 3095 of 2006. Thereafter the said co-owners were

granted the enhanced compensation in terms of the

direction of this Court in CO No. 15853(W) of 1995.

Learned counsel for the petitioners submits that as

the interest of the petitioners are covered by the said

judgment in view of the fact that the LA case being LA

Case No. 1(ActVIII) of 1979-80 is with regard to the plot of

the petitioners as well, the petitioners are also entitled to

payment of enhanced compensation in compliance with

the order of this Court passed in CO No. 15853(W) of

1995. The petitioners submitted a representation in this

regard before the concerned authority on February 19,

2016 which is yet to be disposed of. The petitioners pray

for a direction upon the authority to consider and dispose

of the said representation at the earliest and disburse the

enhanced compensation in their favour within a stipulated

time frame.

Having considered the submissions made by the

learned counsels appearing on behalf of the parties, this

Court is of the view that as the petitioners stand on the

same footing as the other co-owners of the property in

question who were granted enhanced compensation in

terms of the order passed in CO No. 15853(W) of 1995, the

petitioners are also entitled to the same benefit.

Accordingly the writ petition is disposed of directing

the respondent no. 7 to consider and dispose of the

application submitted by the petitioners dated February

19, 2016 within two months from the date of

communication of this order after affording reasonable

opportunity of hearing to all the interested parties

including the petitioners, in accordance with law.

The decision taken by the authority shall be

communicated to the petitioners within a week thereof.

With the above observations and directions this writ

petition being WPA No. 12886 of 2017 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)