Ananda Moyee Bhakat & Ors vs The State Of W. B. & Ors
2023 Latest Caselaw 6531 Cal

 25 & 26
26.09.2023
 Ct. No.10
    b.das


                               WPA 15811 of 2022
                           Ananda Moyee Bhakat & Ors.
                                        Vs.
                             The State of W. B. & Ors.
                                       With
                               WPA 20275 of 2022
                                Sanjit Bhakat
                                        Vs.
                             The State of W. B. & Ors.

                  Ms. Sulekha Mitra
                  Mr. Manas Kr. Das              ...for the petitioner.

                  Mr. Sourav Sen
                  Ms. A. Chakraborty        ...for respondent no.15.

Mr. Soumitra Bandyopadhyay Mr. Priyabrata Batabyal ...for the State in WPA 15811/2022.

Mr. Shiv Shankar Banerjee Ms.Tanushree Das Gupta ...for ECL.

Heard learned counsels for the parties.

The scope of adjudication of the present writ

petitions is limited.

The Hon'ble Division Bench of this Court in a

judgment passed on October 17, 2012 in MAT No.12 of

2012 with MAT 13 of 2012 and MAT 14 of 2012 records

as follows:

"The requiring body namely, the Eastern Coalfields Limited cannot remain in possession of the lands in question after lapsing of the acquisition proceedings as the title of the original owner in respect of the lands in question has revived after lapsing of the acquisition proceedings under Section 7A of Act II of 1948. The Eastern Coalfields Limited Authorities are therefore, directed to vacate the lands in question forthwith and make payment of the adequate compensation in accordance with law to the original owners of the said lands through the

concerned Land Acquisition Collector for the period under occupation."

The said judgment was carried in appeal before the

Hon'ble Supreme Court of India and by an order passed

on March 9, 2018 the Hon'ble Court has refused to

interfere with the order of the Hon'ble Division Bench and

has observed that it will be open for the State or for the

acquiring authority to take steps under the provisions of

the Right to Fair Compensation and Transparency in

Land Acquisition, Rehabilitation and Resettlement Act,

2013, if so advised.

The Hon'ble Division Bench has directed the Eastern

Coalfields Limited to vacate the land in question and

make payment of adequate compensation to the original

owners of the lands through the concerned Land

Acquisition Collector.

The Hon'ble Supreme Court has, in addition, granted

liberty to the State or the acquiring body to take steps

under the 2013 Act, if so advised.

It appears that no step has been taken by the

respondents under the 2013 Act in terms of the direction

of the Hon'ble Supreme Court. Therefore the respondents

are left with no other alternative but to comply with the

order passed by the Hon'ble Division Bench as well as the

Hon'ble Supreme Court. Nothing further remains to be

adjudicated in the present writ petitions.

In view of the above, the writ petitions are disposed

of directing the requiring body, that is the Eastern

Coalfields Limited to comply with the direction of the

Hon'ble Division Bench and vacate the land in question in

favour of the petitioners within two months from the date

of communication of this order, in its original position

and free from all encumbrances.

It is submitted on behalf of the State respondents

that compensation payable to the petitioners has been

calculated by the State respondents and placed before the

requiring body for placing fund.

Accordingly, the requiring body is directed to place

necessary funds before the Special Land Acquisition

Officer, Asansol, being the 3rd respondent herein, within

one month from the date of communication of this order.

The 3rd respondent is directed to disburse such

compensation in favour of the petitioners within another

month thereafter.

However, there shall be no order as to costs.

Since no affidavit is invited, the allegations contained

in the petitions 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.)