Disposed

Nirmal Bishai and Others v. State of West Bengal and Ors.

Calcutta HC23 Dec 2021WPA/4893/2021

Case brief

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What is this about?

This order concerns a writ petition where petitioners alleged their land was used for a river embankment without acquisition or compensation. The court placed on record instructions from the state and directed the 5th respondent to dispose of the petitioners' representation, dated December 9, 2020, within three months after a hearing.

What did the court decide?

Direction to the 5th respondent to consider and dispose of the representation submitted by the petitioners dated 9th December, 2020 within three months after a hearing.

Nirmal Bishai and Others Vs State of West… — Municipal and Town Planning | Calcutta HC (2021)

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19 23.12.2021 Ct. No.10 b.das

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W.P.A. 4893 of 2021

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(Via Video Conference)

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Nirmal Bishai & 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 Ms. S. Bhattacharya …for the State.

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Instructions filed by the State respondents is taken on record.

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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

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the same has not been disposed of as yet. The petitioners 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 4893 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

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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.)

Nirmal Bishai and Others v. State of West Bengal and Ors.

Case brief

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Nirmal Bishai and Others v. State of West Bengal and Ors.

Case brief

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