Nemai Paul & Ors vs The State Of West Bengal & Ors
2023 Latest Caselaw 2719 Cal

April 19, 2023
 (11)   ARDR




                                      WPA 5102 of 2023

                                      Nemai Paul & ors.
                                              Vs.
                                The State of West Bengal & Ors.


                 Adv. Panchanan Hajra,
                                                           ...for the petitioners.
                 Adv. Santanu Kumar Mitra,
                 Adv. Subhabrata Das,
                                                                   ...for the State.


                        Affidavit of service filed by the petitioners is taken

                 on record.

                        It is submitted on behalf of the petitioners that by a

                 judgment passed on 29th September, 2022 in an appeal

                 being MAT no.464 of 2018, an Hon'ble Division Bench of

                 this Court has decided the issue in the present writ petition

                 with an observation that the State must compensate the

                 land losers for having utilised their land, albeit for a public

                 purpose. The Hon'ble Division Bench directed the State to

                 acquire the land in question in terms of the provisions of

                 the 2013 Act and pay compensation to the respondents

therein under the said Act.

Learned counsel for the petitioners seeks a direction

upon the concerned authority to consider the

representation submitted by the petitioners before the

authority on 20th December, 2022 in the light of the

observation made by the Hon'ble Division Bench in the

judgment.

It is submitted on behalf of the respondents that the

3rd respondent be directed to consider the representation in

accordance with law.

In view of the above, the writ petition is disposed of

directing the 3rd respondent to consider and dispose of the

representation submitted by the petitioners dated 20 th

December, 2022 within two months from the date of

communication of this order upon affording reasonable

opportunity of hearing to all the interested persons

including the petitioners, in accordance with law in the

light of the observation made by the Hon'ble Division

Bench in the judgment referred to above.

The decision taken by the authority shall be

communicated to the petitioners within a week thereof.

In the event, the petitioners are found entitles to

compensation, such compensation shall be disbursed to

the petitioners within two months thereafter.

With the aforesaid directions, WPA 5102 of 2023 is

disposed of.

There shall however, be no order as to costs.

Since no affidavit in opposition 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 on usual

undertakings.

(Suvra Ghosh, J.)