Calcutta High Court (Appellete Side)
Kalyani Dolui vs Shri Kartik Chandra Kapas & Ors on 14 September, 2022
20. 14.09.2022
Ct. No.6
Tanmoy
R.V.W. 184 of 2022
Kalyani Dolui
-Versus-
Shri Kartik Chandra Kapas & Ors.
With
IA No: C.A.N. 1 of 2022
Arising out of
M.A.T. 904 of 2022
Mr. Rabindra Nath Bag, Adv.,
Mr. Rohan Raj, Adv.
...for the review applicant.
Mr. Mrinal Kanti Ghosh, Adv.
...for the writ petitioners/
respondents.
By consent of the appearing parties, the review
application and the connected stay application are
taken up together for hearing.
This application has been taken out for review of
an order dated August 3, 2022, whereby M.A.T. 904 of
2022 was disposed of along with the connected
applications.
The present applicant was the respondent no.11
(the Pradhan, Nandanpur-2 Gram Panchayat, P.S. -
Daspur, District - Paschim Medinipur) before the
learned Single Judge.
The writ petitioners had approached the learned
Single Judge with the grievance that despite their land
having been used for construction of a 10 ft. wide
concrete road, they have been paid no compensation
and no requisition or acquisition proceeding was
initiated before taking over such land. The learned
Judge disposed of the writ petition by directing the
respondent no.11 in the writ petition, being the present
applicant, to take necessary steps for assessment of
compensation payable to the writ petitioners and
payment of the same to them in respect of the plot in
question at the present market rate.
Being aggrieved, the respondent no.11 in the writ
petition preferred an appeal being M.A.T. 904 of 2022.
Such appeal was disposed of by this Bench by a
judgment and order dated August 3, 2022, which is
under review. The relevant portion of the said order
reads as follows:-
"It is submitted on behalf of the appellant that although
actual construction of the concrete road may have been
undertaken by the Panchayat, it was ultimately at the
instance of the State. Hence, assessment and payment of
compensation should be made by the State.
Learned Advocate for the State disputes such
contention.
It is not in dispute that what was once a village road,
has been converted into a concrete road by utilizing the land
of the writ petitioners. A citizen of this country cannot be
deprived of his property excepting in accordance with law. The
respondent no. 6 ought to have either acquired the land
following due process of law or at any rate should have
compensated the writ petitioners at the market rate for the
land utilized. The Panchayat having constructed the concrete
road, the primary liability, in so far as the writ petitioners are
concerned, would be of the Panchayat to compensate the writ
petitioners. Hence, we see no infirmity in the order of the
learned Single Judge.
However, if the Panchayat contends that it constructed
the concrete road under the directions of the State
administration, nothing will prevent the Panchayat from
approaching the State administration for assessing
compensation and providing funds to pay compensation to the
writ petitioners in terms of the order of the learned Single
Judge."
Learned Advocate for the review applicant says
that in principle his client has no grievance against the
said order. However, the Gram Panchayat had no role
to play in the matter. Hence, the direction ought not to
have been on the Pradhan of the Gram Panchayat. It
was the Panchayat Samiti at whose instance the road
was built on the land of the writ petitioners. Hence, the
direction should be on the Sabhapati of the Daspur-I
Panchayat Samiti and the Executive Officer, Daspur-I
Panchayat Samiti. Learned Advocate has annexed
documents to the review application to show that the
work order was issued by the Executive Officer,
Daspur-I Panchayat Samiti.
Accordingly, we make it clear that whichever
Authority, be it the Gram Panchayat or the Panchayat
Samiti or any other Panchayat Authority, constructed
or caused to be constructed the concerned concrete
road in question over the land of the writ petitioners,
the direction contained in our order dated August 3,
2022, will be taken to be directed against such
Authority.
To avoid all future controversies, we direct the
concerned Block Development Officer being the
Executive Officer of Daspur-I Panchayat Samiti, to take
up the issue of payment of compensation to the writ
petitioners and act in terms of the direction contained
in the order dated February 15, 2022, passed by the
learned Single Judge in W.P.A. No. 9117 of 2020 and
complete the exercise within two (2) months from the
date of communication of this order.
The review application being R.V.W. 184 of 2022
and the connected stay application being IA No: C.A.N.
1 of 2022 are accordingly disposed of. However, there
will be no order as to costs.
Let urgent photostat certified copies of this order,
if applied for, be made available to the parties upon
compliance with all necessary formalities.
(Rai Chattopadhyay, J.) (Arijit Banerjee, J.)
