Sri Bhola Nath Koley vs The State Of West Bengal & Ors
2023 Latest Caselaw 4289 Cal

ML-118

18.07.2023
Court No.5
(AD)                              MAT 1119 of 2022

                                Sri Bhola Nath Koley
                                         Vs.
                           The State of West Bengal & Ors.



                   Mr. Ashok Kumar Banerjee, Ld. Sr. Advocate
                   Mr. Tapojit Dey

                                                   ... for the appellant.

                   Mr. Debabrata Banerjee
                   Mr. Samir Kumar Chakraborty
                                    ... for the respondent nos.5 and 6.

Sk. Md. Galib Mr. Abu Siddiqui Mallik ... for the State.

The appeal is directed against a judgment and order

dated July 6, 2022 passed in WPA 1065 of 2011.

Appellant challenged acquisition proceedings. Writ

Court negated the claims of the writ petitioner.

In course of hearing of the appeal, apart from the

contention of delay in commencing the acquisition

proceedings subsequent to the decision of acquisition being

approved by the Cabinet, other points were raised.

Learned Senior Advocate appearing for the appellant

draws the attention of the Court to the written notes

submitted before the learned Trial Judge where, it was

stated that, acquisition proceedings in respect of some plots

were selectively withdrawn and released in terms of advice

of political personalities. He submits that, so far as the

plots involved in the writ petition are concerned, the same

are yet to be utilized and they remain outside the canal.

There is no likelihood of such plots of being utilized by the

requiring authority.

State and the requiring authority are represented.

In view of the nature of allegations, it would be

appropriate to call upon both the State and the acquiring

authority to produce a map showing the land acquired, land

which was released from acquisition as claimed in page 187

of the paper book and the land utilization map of the land

acquired, on the next date.

List the appeal on August 2, 2023 when the map as

directed be produced.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)