Disposed

Bimal Kumar Bhowmick & Anr. v. State of West Bengal & Ors.

Calcutta HC20 Jul 2022WPA/17285/2017

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What is this about?

A writ petition by private landowners against a Panchayat for unauthorized utilization of their land without acquisition and compensation was disposed of. The court granted liberty to submit a comprehensive representation and directed the authority to consider it hearing all parties.

What did the court decide?

Liberty granted to submit a comprehensive representation before the Block Development Officer; respondent authority directed to consider and dispose of it within two months after hearing.

Bimal Kumar Bhowmick & Anr. Vs State of West Bengal & Ors. — Land Acquisition | Calcutta HC (2022)

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July 20, 2022 ARDR (21)

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WPA 17285 of 2017

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Bimal Kumar Bhowmick & anr. Vs. The State of West Bengal & Ors.

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Mr. Sayan Chattopadhayay, Mr. Kaustav Sen,

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…for the petitioners. Mr. Supriyo Chattopadhyay, Mr. Soumitra Bandyopadhyay, Mr. Ram Chandra Guchait, Mr. Lal Mohan Basu,

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…for the State.

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The grievance of the petitioners is that a portion of their land has been utilised by the Panchayat authority without acquiring the same and no compensation has been paid to the petitioners for the same.

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Learned counsel for the petitioners refers to a letter issued by the son of the 1^st petitioner to the District Collector and other authorities on 13^th January, 2016 complaining such allegedly illegal act by the Panchayat.

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Referring to the report in the form of affidavit submitted by the Revenue Officer, Amta-II, District - Howrah, learned counsel for the State respondents submits that the plot in question is a brick pathway used by local people, through which a water pipe line has been installed.

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The petitioners seek liberty to submit a comprehensive representation ventilating their grievance before the competent authority and pray for a direction upon the authority to consider the representation at the earliest.

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In view of the above, the writ petition is disposed of with liberty to the petitioners to submit a comprehensive representation in this regard before the Block Development Officer, Amta – II, District – Howrah within a week from date.

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The 6^th respondent is directed to consider and dispose of the representation within two months from the date of receipt thereof after affording reasonable opportunity of hearing to all the interested parties including the petitioners and the private respondents, 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 directions, WPA 17285 of 2017 is disposed of. There shall however, 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.)

Bimal Kumar Bhowmick & Anr. v. State of West Bengal & Ors.

Case brief

What is this about?

What did the court decide?

Bimal Kumar Bhowmick & Anr. v. State of West Bengal & Ors.

Case brief

What is this about?

What did the court decide?

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