WPA/15811/2022
2022 Latest Caselaw 6066 Cal

29.08.2022
rc/ct.no.10
Item No.16
                                 WPA No. 15811 of 2022



                    Mr. Debayan Bera
                    Mrs. Sulekha Mitra
                    Mr. Manas Kumar Das               ...for the Petitioners

                    Mr. Soumitra Bandyopadhyay
                    Mr. Subhasis Bandyopadhyay            ...for the State

                    Mr. Sourav Sen
                    Mr. Adrisnata Chakraborty
                                          ...for the respondent no. 15

Heard learned counsels appearing on behalf of the

parties.

By judgment passed on October 17, 2012 in MAT

No. 12 of 2012 with MAT No. 13 of 2012 and MAT No. 14

of 2012, an Hon'ble Division Bench of this Court held as

under :-

"The requiring body namely, the Eastern

Coalfields Limited cannot remain in possession of the

lands in question after lapsing of the acquisition

proceedings as the title of the original owner in

respect of the lands in question has revived after

lapsing of the acquisition proceedings under Section

7A of Act II of 1948. The Eastern Coalfields Limited

Authorities are therefore, directed to vacate the lands

in question forthwith and make payment of the

adequate compensation in accordance with law to the

original owners of the said lands through the concerned Land Acquisition Collector for the period

under occupation."

In the Special Leave Petition challenging the said

order before the Hon'ble Supreme Court of India, The

Hon'ble Supreme Court of India, by an order passed on

March 09, 2018 has refused to interfere with the order of

the Hon'ble Division Bench of this Court and has observed

that it will be open for the State or for the acquiring

authority to take steps under the provisions of The Right to

Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013, if so advised.

The Eastern Coalfields Limited is not represented to

respond to the said observations.

Let this matter appear under the same heading on

September 13, 2022.

The petitioners are directed to serve notice upon the

4th respondent and its learned counsel intimating the

adjourned date.

(Suvra Ghosh,J)