Disposed

Ganga Bhumij @ Ganga Singh and Ors. v. State of West Bengal and Ors.

Calcutta HC8 Dec 2022WPA/2421/2022

Case brief

AI extract

What is this about?

Petitioners challenged the low compensation awarded in a land acquisition award. The court directed the authority to consider a comprehensive representation for enhancement, following the recent Supreme Court judgment in Anjeet Singh, and communicated the decision within a week.

What did the court decide?

Direction to the 6th respondent to consider the petitioners' representation for enhancing compensation within eight weeks, with a decision communicated within a week.

Ganga Bhumij @ Ganga Singh and Ors. Vs State of West… — Land Acquisition | Calcutta HC (2022)

¶1

25 jdt.

¶2

08.12.2022 jb.

¶3

W.P.A. 2421 of 2022

¶4

(Ganga Bhumij @ Ganga Singh & Ors. vs. State of West Bengal & Ors.)

¶5

Mr. Jaharlal Roy …. For the Petitioners Mr. Soumitra Bandyopadhyay Mr. Subhasis Bandyopadhyay …. For the State

¶6

Report submitted on behalf of the State respondents is taken on record.

¶7

The petitioners are aggrieved by the quantum of compensation granted to them by the respondents. Relying upon the report submitted on behalf of the State respondents, learned counsel for the petitioners submits that though in the statement of award drawn up by the respondents the land rate was assessed to be Rs.1,50,000/-, compensation was assessed at a much lower rate. The petitioners seek to submit a comprehensive representation before the concerned authority requesting enhancement of the compensation in terms of the judgment of the Hon’’ble Supreme Court in The Secretary, The Department of Land and Building and Others vs. Anjeet Singh(Dead) through LRs. and Anr. passed on 24^th November, 2022 in Civil Appeal No. 8196 of 2022 .

¶8

¶9

It is submitted on behalf of the respondents that the 6^th respondent be directed to consider the representation, in accordance with law.

¶10

In view of the above, the writ petition is disposed of with liberty to the petitioners to submit a comprehensive representation before the 6^th respondent within two weeks from date, The 6^th respondent is directed to consider and dispose of the representation within eight weeks from the date of receipt thereof upon giving reasonable opportunity of hearing to all the interested persons including the petitioners, in accordance with law and in terms of the judgement of the Hon’ble Supreme Court in The Secretary, The Department of Land and Building and Others vs. Anjeet Singh(Dead) through LRs. and Anr. passed on 24^th November, 2022 in Civil Appeal No. 8196 of 2022 .

¶11

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

¶12

The writ petition is thus disposed of.

¶13

There shall be no order as to costs.

¶14

Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.

¶15

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

¶16

(Suvra Ghosh, J.)