Disposed

Sukumar Kar and Others v. State of West Bengal and Ors.

Calcutta HC23 Dec 2021WPA/4883/2021

Case brief

AI extract

What is this about?

Writ petition challenging unauthorized use of petitioner land for river embankment without acquisition and compensation. Court directed respondent to consider the representation with hearing within three months. No order as to costs.

What did the court decide?

Direction to the 5th respondent to consider the representation dated 9th December 2020 within three months after affording reasonable opportunity of hearing.

Sukumar Kar and Others Vs State of West Bengal and Ors. — Land Acquisition | Calcutta HC (2021)

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17 23.12.2021 Ct. No.10 b.das

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W.P.A. 4883 of 2021

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(Via Video Conference)

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Sukumar Kar & Ors. Vs. State of W.B. & Ors.

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Mr. Mukteswar Maity

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…for the petitioner.

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Mr. A. Mondal Mr. S. Mitra Ms. S. Bhattacharya …for the State.

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Heard learned counsels for the parties.

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The grievance of the petitioners is that plots of land owned by them have been utilized for construction of river embankment by the Irrigation Department without acquiring the same for which no compensation was also offered to the petitioners.

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It is submitted by learned counsel for the petitioners that a joint field inspection is necessary in order to ascertain whether portions of the petitioners’ land have been utilized for the purpose without acquisition.

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The petitioners submitted a representation ventilating their grievance before the Land Acquisition Collector 24 Parganas (South) on 9^th December, 2020, but the same has not been disposed of as yet. The petitioners

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pray for direction upon the concerned authority to consider the said representation at the earliest.

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Upon consideration of the submissions made on behalf of the parties and material on record, the writ petition is disposed of directing the 5^th respondent to consider and dispose of the representation submitted by the petitioners dated 9^th December, 2020 within a period of three months from the date of communication of this order, after giving reasonable opportunity of hearing to all the interested parties including the petitioners, in accordance with law.

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With the above observations, the writ petition being WPA 4883 of 2021 is disposed of.

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However, there shall be no order as to costs.

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Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted.

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Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

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(Suvra Ghosh, J.)

Sukumar Kar and Others v. State of West Bengal and Ors.

Case brief

What is this about?

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Sukumar Kar and Others v. State of West Bengal and Ors.

Case brief

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