Sri Pranab Chakraborty & Ors vs State Of West Bengal & Ors
2023 Latest Caselaw 5538 Cal

24.08.2023
rc/ct.no.10
Item No.08&09


                            WPA No. 12926 of 2021
                                     with
                              CAN No. 1 of 2023
                        Sri Pranab Chakraborty & Ors.
                                    Versus
                         State of West Bengal & Ors.
                                     And
                            WPA No. 15297 of 2021
                      Bharat Petroleum Corporation Ltd.
                                    Versus
                         State of West Bengal & Ors.



                 Mr. Tapan Kumar Rakshit
                 Mr. Surojit Roy
                                      ..for the petitioner in WPA No.
                                           12926     of    2021/for    the
                                           respondents no. 5 to 11 in WPA

15297 of 2021

Mr. Puspendu Chakraborty ...for the petitioner in WPA 15297 of 2021/ for the BPCL in WPA No. 12926 of 2021

Mr. Anirban Ray, Ld. GP Mr. Susovan Sengupta Mr. M.K.Sadhu .. for the State WPA No. 12926 of 2021

Mr. Soumitra Bandyopadhyay Mr. Priyabrata Batabyal ... for the State WPA 15297 of 2021

By consent of the parties these writ petitions are

treated as on day's list and taken up for consideration

along with the application.

Both the matters have been elaborately dealt with by

this Court by an order passed on February 02. 2023. The

order records that on an application submitted by the

petitioners under Section 28A of the Land Acquisition Act,

1894 before the Land Acquisition Collector for

enhancement of the award, the award was re-assessed and

an amount of Rs.12,10,881/- was directed to be placed by

the requiring body being Bharat Petroleum Corporation

Limited (in short, "BPCL") (6th respondent) in favour of the

Collector, Howrah at the earliest.

The order further records that one Sayeeful Islam

who is similarly placed with the petitioners also filed a

reference under Section 18 of the Act of 1948 which was

disposed of by the learned Land Acquisition Judge,

Howrah on June 24, 2002 enhancing the amount of

compensation payable to him. The said order was under

challenge before the Hon'ble Division Bench of this Court

for which the present writ petitions were kept in abeyance,

awaiting the decision of the Hon'ble Division Bench.

It is submitted on behalf of the parties that the

appeal being FA No. 104 of 2005 has been dismissed by

the Hon'ble Division Bench by a judgment passed on June

13, 2023 affirming the judgment and decree dated June

24, 2022 passed by the learned Land Acquisition Tribunal,

Howrah.

Since it is not in dispute that the preset petitioners

are similarly circumstanced with Sayeeful Islam, nothing

much remains to be adjudicated in the present writ

petitions in view of the judgment passed by the Hon'ble

Division Bench. The petitioners are entitled to the same

relief as granted to Sayeeful Islam.

Accordingly the writ petition being WPA No. 12926 of

2021 is allowed in terms of prayer (a).

The 6th respondent is directed to deposit the re-

determined award to the tune of Rs.12,10,881/- before the

District Magistrate and Collector, Howrah within one

month from date. The District Magistrate and Collector,

Howrah, being the 2nd respondent herein, is directed to

disburse the said amount in favour of the petitioners

within two weeks from the date of receipt thereof.

The writ petition being WPA No. 15297 of 2021 has

been filed by the requiring body, i.e., BPCL, assailing the

order passed by the District Magistrate and Collector,

Howrah on March 06, 2020.

In view of the judgment of the Hon'ble Division

Bench and also since the order has been directed to be

implemented in the earlier writ petition, this writ petition

is devoid of any merit and is accordingly dismissed.

All connected applications are disposed of

accordingly.

There shall however be no order as to costs.

Urgent certified website copy of this order, if applied

for, be furnished to the parties upon compliance of

necessary formalities.

(Suvra Ghosh,J)