(Mir Mossaref & Ors vs State Of West Bengal & Ors.)
2022 Latest Caselaw 3496 Cal

18
jdt.




       23.06.2022
          jb.

                                  W.P.A. 148 of 2022
                    (Mir Mossaref & Ors. vs. State of West Bengal & Ors.)

                          Mr. Partha Pratim Roy
                          Mr. Dyutiman Banerjee
                                          .... For the Petitioners

                          Mr. Soumitra Bandyopadhyay
                          Mr. Subhasis Bandyopadhyay
                                         .... For the State



                          Affidavit of service filed by the petitioners is taken

                    on record.

                          The petitioners were granted a decree by the

                    Special Land Acquisition Judge, Alipur under Section

                    18 of the Land Acquisition Act, 1894 on 13th May, 1986

                    wherein the Court determined the market value of the

                    acquired land and directed the opposite party therein to

                    pay the amount calculated in Court within a period of

                    90 days from the date of the judgment.

                          Learned counsel for the petitioner, in his usual

                    fairness, submits that no execution proceeding was filed

                    for execution of the said order and the amount assessed

                    has not been paid to them by the respondents.

The petitioners seek liberty to submit a

comprehensive representation before the 2nd respondent

in this regard and pray for a direction upon the

Authority to consider the representation at the earliest.

Having considered the submissions made on

behalf of the parties, the writ petition is disposed of with

liberty to the petitioners to submit a comprehensive

representation in this regard before the 2nd respondent

within a fortnight from date. The 2nd respondent is

directed to consider and dispose of the representation

within two months from the receipt thereof after

affording reasonable opportunity of hearing to the

petitioners, in accordance with law. Such consideration

may be made by the Authority in terms of the

order/judgment of the learned Land Acquisition Judge

sympathetically.

The decision taken by the Authority shall be

communicated to the petitioners within a week thereof.

W.P.A. 148 of 2022 is thus disposed of.

There shall be no order as to costs.

Since no affidavit has been invited, allegations

contained in the writ petition shall be deemed not to

have been admitted.

Urgent certified website copy of the order, if

applied for, be given to the parties on compliance of

requisite formalities.

(Suvra Ghosh, J.)