Calcutta High Court (Appellete Side)
Nityananda Mondal & Ors vs The State Of West Bengal & Ors on 29 November, 2022
November 29, 2022
ARDR
(47)
WPA 12631 of 2018
Nityananda Mondal & Ors.
Vs.
The State of West Bengal & ors.
Adv. Biswarup Biswas,
Adv. Moumita Mondal,
...for the petitioners.
None appears for the respondents. No report is
submitted.
It appears from the conduct of the State respondents
that they are no longer interested to contest the writ
petition.
Heard learned counsel for the petitioners.
The petitioners complain that an earlier order passed
by this Court in WP 23332 (W) of 2015 on 8th August, 2017
has not been complied with by the State respondents till
date. The petitioners also refer to the authority in M/s.
Delhi Airtech Services Private Limited & anr. vs. State
of U.P. & anr. in Civil Appeal No. 24 of 2009 passed by
the Hon'ble Supreme Court on October 14, 2022 in support
of his contention.
The order passed by the coordinate Bench of this
Court in the earlier writ petition is set out.
"08.08.2017
pb
W.P. 23332 (W) of 2015
Mr. Nirmalendu Bera,
Mr. Gora Chand Samanta,
....for the petitioner.
Mr. Chandi Charan De,
Mr. Ram Chandra Guchait,
...for the State.
The petitioners have filed this writ petition praying for
direction upon the respondents to make payment of
compensation for acquiring the land of the petitioners.
It is contended on behalf of the petitioners that the
State respondents acquired the land of the petitioners by
initiating land acquisition proceeding being L.A. Case No.4/4
of 2010-2011. The further contention of the petitioners is
that notification under Section 4 of the Land Acquisition Act,
1894 was issued on July 29, 2010 and declaration under
Section 6 of the said Act was published on December 2,
2010. It appears from the report submitted by the
respondent no.2 that the land acquisition proceeding could
not be completed due to objection from the local people and
the proceeding ultimately lapsed on December 1, 2012.
Admittedly, no award was passed in favour of
the petitioners in connection with land acquisition
proceeding being L.A. Case No.4/4of 2010-2011, by which
land of the petitioners was acquired by the State
respondents. Since award was not passed under Section 11
of the Land Acquisition Act, 1894, the land acquisition
proceeding initiated against the petitioners under the Land
Acquisition Act, 1894 is lapsed by operation of law under
Section 24 (1) (a) of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013. Accordingly, the State respondents
should have released the land of the petitioners from
acquisition proceeding or the State respondents are at
liberty to initiate fresh land acquisition proceeding under the
provisions of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 within a period of three months from
the date of communication of the order.
With the above direction, the writ petition is disposed
of.
(R.K.Bag,J.)"
In the authority of Delhi Airtech Services Private
Limited (supra) the Hon'ble Supreme Court has spelt out
the mode of determination of market value upon taking
into consideration the date of Section 4 notification and the
date of dispossession of the incumbent from the property in
question.
In view of the same, the writ petition is disposed of
directing the 2nd respondent to comply with the order
passed by this Court on 8th August, 2017 in WP 23332 (W)
of 2015 and in tune with the directions laid down by the
Hon'ble Supreme Court in the judgment referred to above
within two months from the date of communication of this
order after giving reasonable opportunity of hearing to all
the interested persons including the petitioners, in
accordance with law. Upon determination of the amount of
compensation payable to the petitioners, the said amount
be paid to the petitioners within a month thereafter.
With the aforesaid directions, WPA 12631 of 2018 is
disposed of. There shall however, be 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.)
