Janmenjay Giri vs State Of West Bengal & Ors
2022 Latest Caselaw 1399 Cal

22.03.2022
  SL No.10
 Court No.8
    (gc)


                             FAT 645 of 2017
                                   With
                              CAN 1 of 2018
                        (Old No: CAN 1516 of 2018)

                              Janmenjay Giri
                                    Vs.
                        State of West Bengal & Ors.

                             (Via Video Conference)

                                     Mr. R.N. Datta,
                                     Mr. Monoranjan Jana,
                                                   ...for the Appellant.
                                     Mr. Partha Pratim Roy,
                                     Mr. Ayan Banerjee,
                                               ....for the Respondents.

We have heard the learned Counsel for the parties.

It appears from record that objection was filed by

the appellant with the District Magistrate and Collector

on 22nd June, 2010 objecting to the valuation made by

the said Collector in respect of acquisition of the land

belonging to the appellant. Thereafter, it was a duty of

the Collector to refer the matter under Section 18 of the

Land Acquisition Act, 1894 to the learned District Judge

for consideration. It appears that the learned Court

below was of the opinion that under the Scheme of the

Act, the appellant is required to file an application

before the competent Court challenging the said

adjudication made by the Collector. It was due to such

misconception of law, an erroneous order was passed.

In view thereof, the impugned judgment dated 19th

April, 2016 is set aside.

The learned District Judge, Purba Medinipur at

Tamluk is requested to dispose of L.A. Misc. Case No.32

of 2010 as expeditiously as possible and preferably

within a period of one year from the date of

communication of this order by either of the parties.

The L.A. Collector is directed to forward the

concerned land acquisition file to the learned District

Judge within one week from the date of communication

of this order by either of the parties.

The parties are directed to bring it to the notice of

the learned District Judge as early as possible.

With the aforesaid observation, the appeal being

FAT 645 of 2017 is allowed and disposed of.

The application for stay being CAN 1 of 2018 (Old

No: CAN 1516 of 2018) is, accordingly, disposed of.

However, there shall be no order as to costs.

All parties shall act on the server copies of this

order duly downloaded from the official website of this

Court.

(Ajoy Kumar Mukherjee, J.) (Soumen Sen, J.)