Calcutta High Court (Appellete Side)
Sri Birendra Nath Mondal & Ors vs The State Of West Bengal & Ors on 12 June, 2023
Form J(2) IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri
WPA 27663 of 2015
Sri Birendra Nath Mondal & Ors.
Vs.
The State of West Bengal & Ors.
For the petitioner : Mr. Ramdulal Manna, Adv.
Mr. Dulal Chandra Mondal, Adv.
Mr. Sabyasachi Mondal, Adv.
Ms. Payel Khanra, Adv.
Heard on : 12.06.2023.
Judgment On : 12.06.2023.
Bibek Chaudhuri, J.
The grievance of the petitioner in the instant writ petition is
non-received of compensation against acquisition of land belonging to
them in connection with L.A. Case No.4 of 1995-1996.
It is alleged by the petitioners that in the aforesaid L.A. Case,
the agricultural lands of the petitioners were acquired for public
purpose to construct a Ring Bandh from Haritala Ring Bandh and
Raimongal River within the jurisdiction of Puinjali Mouza.
As the petitioners did not receive any compensation, they
previously filed WP No.316(W) of 2000, which was disposed of by a
Co-ordinate Bench of this Court on 18 th January, 2000. The relevant
part of the order runs thus:-
"It is the grievance of the writ petitioners that the disputed
lands were though acquired by the respondent authorities in L.A.
Case No.4/16 of 1995-96 but compensation for such acquisition has
not yet been determined and/or paid to the writ petitioners by the
concerned respondent authorities. The writ petitioners accordingly
made a representation before the Additional Land Acquisition Officer
on 28.10.99. Inspite of the said representation nothing has
happened since thereafter. Having regard to the facts and
circumstances, this writ petition is disposed of by directing the
concerned Land Acquisition Collector to declare an award of
compensation for such acquisition made of the lands in question of
the writ petitioners in accordance with the provisions of law
expeditiously and peremptorily within a period of six months from the
date of communication of this order."
In spite of the said order passed by this Court, the respondent
authorities failed to take appropriate action till date. Subsequently,
on 15th October, 2015, petitioners made an application before the
Additional Land Acquisition Officer, Alipore with similar prayer for
assessment and disbursement of compensation. The concerned
authority, being respondent No.5, failed to take any action and sat
tight over the matter which prompted the petitioners to lay their
claim before this Court by invoking appropriate writ in the nature of
mandamus.
The State of West Bengal or other respondents are not
represented in spite of service of notice.
This Court is of the view that a land loser should not run from
pillar to post to get his relief in the form of compensation and interest
under the provision of the Land Acquisition Act.
It is the duty of the L. A. Collector to pass the order of
compensation simultaneously with the acquisition of the land and notify
the same to the persons whose land is acquired.
The petitioners invoked the writ jurisdiction in the year 2000. The
said writ petition was disposed of directing the respondents to consider
as to whether the petitioners are entitled to get any compensation
against acquisition of land on 18 th January, 2000. The respondents
failed to pay any heed to it.
Under such circumstances, the instant writ petition is disposed of
directing the respondent Nos. 3, 4 and 5 to dispose of the application
dated 27th July, 2015 filed by the petitioners with the respondent No.5
positively within sixty days from the date of this order giving opportunity
to the petitioners of hearing.
The above named respondents are further directed to assess the
compensation with up to date interest, if any, payable to the petitioners
within 15 days thereafter and disburse the money immediately.
With the above direction, the instant writ petition is disposed of.
(Bibek Chaudhuri, J.)
Mithun De/
A.R. (Ct).
Sl No.08.
