Disposed

Dibyendu Sen and Anr. v. State of West Bengal and Ors.

Calcutta HC12 Aug 2022WPA/10173/2022

Case brief

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What is this about?

Writ petition challenging alleged unauthorized use of land by Digha Sankarpur Development Authority. Court disposed of petition directing authority to consider petitioners' upcoming representation within two months.

What did the court decide?

Petitioners granted liberty to submit a comprehensive representation; the 3rd respondent directed to consider and dispose thereof within two months after granting a hearing.

Dibyendu Sen and Anr. Vs State of West Bengal and… — Writ and Judicial Review | Calcutta HC (2022)

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19 12.08.2022 Ct. No.10 b.das

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WPA 10173 of 2022

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Dibyendu Sen & Anr. Vs. The State of W.B. & Ors.

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Mr. Tanmoy Mukherjee Mr. K. Mishra Mr. S. Das Mr. R. Das …for the petitioners. Mr. Chandi Charan De Mr. Haripada Maity …for the State. Mr. N. C. Bihani Ms. P.B. Bihani Mr. S. Ghosh Mr. S. Mukherjee …for the DSDA.

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Heard learned counsels for the parties.

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The grievance of the petitioners is that the plots of land owned by them by virtue of purchase, was utilized by the Digha Sankarpur Development Authority, being the 5^th respondent herein, though no notification for acquisition was served on the petitioners, let alone payment of compensation.

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In reply to an application under the Right to Information Act, 2005, the concerned authority has informed the petitioners by a letter dated 19^th January, 2022 that there is no L.A. information regarding the plots in question available in the office.

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The petitioners intend to submit a comprehensive representation before the concerned authority ventilating

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their grievance and pray for a direction upon the concerned authority to consider their representation at the earliest.

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It is submitted on behalf of the respondents that the 3^rd respondent be directed to consider the representation, in accordance with law.

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Upon consideration of the submissions made on behalf of the parties, the writ petition is disposed of with liberty to the petitioners to submit a comprehensive representation ventilating their grievance before the 3^rd respondent within two weeks from date. The 3^rd respondent is directed to consider and dispose of the representation within a period of two months from the date of receipt thereof after granting reasonable opportunity of hearing to all the interested parties including the petitioners, in accordance with law.

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The decision taken by the authority shall be communicated to the petitioners within a week thereof.

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With the above observations and directions, the writ petition being WPA 10173 of 2022 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.)

Dibyendu Sen and Anr. v. State of West Bengal and Ors.

Case brief

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Dibyendu Sen and Anr. v. State of West Bengal and Ors.

Case brief

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