Santosh Kumar Bhuinya vs The State Of West Bengal & Ors
2023 Latest Caselaw 4054 Cal

  04
03.07.2023
 Ct. No.10
    b.das


                                   WPA 18479 of 2022

                                    Santosh Kumar Bhuinya
                                          Vs.
                                    The State of West Bengal & Ors.


                      Mr. Subhojit Saha                    ...for the petitioner.

                      Mr. Chandi Charan De
                      Mr. Anirban Sarkar                   ...for the State.


                      Heard learned counsels for the parties.

                      The petitioner claims to be the recorded owner of 11

             decimals of land in plot no.1121 at Mouza Kalikakhali, J.L.

             No.91, District-Purba Medinipur by virtue of inheritance

             from his predecessor-in-interest.

                      The   said   land   was    taken      over   by     the   State

             government       without     acquisition      for   the    purpose    of

             constructing and widening the road from Nandakumar to

             Digha, being NH-116B. In an earlier writ petition filed by

             the petitioner being WPA 21268 of 2019 this Court by a

             judgment passed on 11th February, 2022, directed the

             concerned authority to assess the compensation in respect

             of the acquired land and pay the same to the petitioner

             within two months from the date of communication of the

             order.

                      The petitioner claimed compensation in respect of

             1.65     decimals     of   land    in   the    said   writ     petition.

             Subsequently, it was detected that the entire 11 decimals
                        2




of land of the petitioner was utilized by the government

without acquisition.

        The petitioner, in the present writ petition, has

sought a direction upon the State respondents to assess

compensation in respect of the entire 11 decimals of land

in terms of Right to Fair Compensation and Transparency

in Land Acquisition, Rehabilitation and Resettlement Act,

2013.

Pursuant to a direction of this Court in the earlier

writ petition, the Land Acquisition Collector and Special

Land Acquisition Officer, Purba Medinipur, by an order

passed on 24th May, 2022, recorded that the petitioner was

willing to accept the compensation with regard to the 1.65

decimals of land which was the subject matter of the earlier

writ petition.

Strangely, the said compensation was assessed in

terms of the government order dated 21 st July, 2005

though the land was utilized in 2017.

The petitioner seeks compensation in terms of Act of

2013 in tune with the valuation of the land in question as

in 2017.

Learned counsel for the State respondents has

placed reliance on a report submitted by the Executive

Engineer, National Highway Division No.II, P.W. (Roads)

Directorate which indicates that since the petitioner claims

compensation with regard to 11 decimals of land, the area

of the land utilized ought to be measured before

compensation can be assessed in favour of the petitioner.

It is submitted on behalf of both the parties that the

area of the land utilized by the authority may be surveyed

and measured in order to assess the compensation payable

for the same.

Learned counsel for the petitioner adds that such

measurement be made in terms of Mouza map of 1913 and

1914 to be provided by the petitioner to the concerned

authority.

Upon consideration of the submission made on

behalf of the parties, this Court is inclined to hold that

since the petitioner claims compensation in respect of the

area of 11 decimals of land in plot no.1121, the 5 th

respondent be directed to take necessary steps for

measurement of the plot in question in order to assess the

area of the plot utilized by the respondents.

Such measurement be made in presence of the

petitioner/his authorised representative on the basis of

Mouza map of 1913 and 1914 to be provided by the

petitioner to the concerned authority and a report to that

effect be submitted within six weeks from the date of

communication of this order.

Upon receipt of such report, the 5 th respondent shall

take necessary steps for assessment of compensation

payable to the petitioner in terms of the Act of 2013 and in

tune with the market value of the plot in question as in

2017 upon consideration of the deeds of the adjoining plots

submitted by the petitioner.

The entire exercise is directed to be completed within

further six weeks from the date of receipt of the report.

With the above observations and directions this writ

petition being WPA 18479 of 2022 is disposed of.

However, there shall 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 supplied to the parties upon compliance with all

requisite formalities.

(Suvra Ghosh, J.)