Smt. Bula Dhali vs The State Of West Bengal & Ors
2023 Latest Caselaw 4769 Cal

Form J(2)       IN THE HIGH COURT AT CALCUTTA
               CONSTITUTIONAL WRIT JURISDICTION
                              Appellate Side


Present :
The Hon'ble Justice Bibek Chaudhuri


                         WPA 15433 of 2023


                         Smt. Bula Dhali
                                Vs.
                   The State of West Bengal & Ors.


Mr. Tanmoy Mukherjee
Mr. Souvik Das
Mr. K. Raihan Ahmed
Mr. Sounava Santra
            ..for the petitioner

Mr. Chandi Charan De, Addl. Govt. Pleader
Mr. Anirban Sarkar
           ..for the State

Item No.06

Heard & Judgment on:           04.08.2023

Bibek Chaudhuri, J.

It is the case of the petitioner that she is the owner of L.R. Plot

No. 188 corresponding to Khatian No. 2678, J.L. No. 31 of Mouza

Ramchandrapur within P.S. Sankrail, equivalent to R.S. Plot No. 179

measuring about 0.03 acres of land. Character of the said land is

being recorded as 'Sali' (Agricultural). It is the grievance of the

petitioner that the petitioner noticed that a big board has been fixed

on his land under the name of Sankrail Water Supply Scheme

executed by the Public Health Engineering Directorate through a

private contractor. It is also the case of the petitioner that her land

was never acquired under any Act whatsoever. However, the land in

question is butted and bounded by a boundary wall with bamboo pole

and corrugated tin. The petitioner, therefore, prays for a direction

upon the respondent No.3 to demarcate her land and to assess as to

whether the said land is being utilized for Sankrail Water Supply

Scheme. If the said land is found to be utilized, she is entitled to get

compensation according to the existing Act of 2013. It is proposed by

Mr. De, learned Additional Government Pleader that the Executive

Engineer, Public Health Engineering Directorate, respondent No.5

herein is the best suited person who can assess the issue raised by

the petitioner and if it is found that the petitioner's land has been

utilized, he can send the proposal for acquisition directly to the Land

Acquisition Officer within the jurisdiction for determination for

compensation.

Having heard the learned advocates for the parties I am of the

view that the Executive Engineer, Public Health Engineering

Directorate is the best suited person because the project is being

constructed under his official supervision. Therefore, the instant writ

petition is disposed of directing the Executive Engineer, Public Health

Engineering Directorate, Howrah Division to assess within 45 days

from the date of communication of this order as to whether L.R. Plot

No. 188 measuring about 0.03 acres of land has been utilized by the

Public Health Engineering Department for construction of Sankrail

Water Supply Scheme. If the aforesaid plot is found to have been

utilized by the Public Health Engineering Department for construction

of the project or for allied purposes, the Executive Engineer shall

directly send the proposal for acquisition upon giving the petitioner an

opportunity to produce her documents in support of her claim under

the provision of Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act, 2013.

Entire exercise shall be completed within six months from the

date of communication of this order.

With the above directions, the instant writ petition is

disposed of.

(Bibek Chaudhuri, J.)