Disposed

Lakshman Chakraborty and Ors. v. State of West Bengal and Ors.

Calcutta HC5 Dec 2022WPA/3990/2022

Case brief

AI extract

What is this about?

In W.P.A. 3990 of 2022, the court directed the fourth respondent to consider a pending representation regarding land acquisition compensation within two months, ensuring an opportunity of hearing was afforded to interested parties.

What did the court decide?

Direction to consider and dispose of the petitioners' pending representation within two months, after hearing, and to communicate the decision within a week.

Lakshman Chakraborty and Ors. Vs State of West Bengal and… — Land Acquisition | Calcutta HC (2022)

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21 jdt.

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05.12.2022 jb.

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W.P.A. 3990 of 2022

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(Lakshman Chakraborty & Ors. vs. State of West Bengal & Ors.)

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Mr. Partha Pratim Roy Mr. Anirban Das …. For the Petitioners

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Mr. Soumitra Bandyopadhyay Mr. Priyabrata Batabyal …. For the State

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Affidavit of service filed on behalf of the petitioners and the status report submitted on behalf of the State respondents are taken on record.

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The petitioners claim to be recorded owners of the plot in question and complain that though the plot has been acquired by the State respondents, no compensation has been paid to them. The petitioners submitted a representation in this regard before the concerned authority on 12^th August, 2021 which is yet to be considered. The petitioners pray for a direction upon the authority to consider the representation at the earliest.

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It appears from the status report submitted on behalf of the State respondents that in reply to a letter issued by Block Development Officer, Gosaba Block, South 24 Parganas to the Special Land Acquisition Officer, South 24 Parganas dated 18^th January, 2022 forwarding the Beneficiary List of Mouza

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Kachukhali, J.L. No. 95, the Special Land Acquisition Officer by a letter issued on 17^th February, 2022 has requested to take necessary measures to conduct field enquiry over the mentioned land schedule inviting all the concerned Government bodies as per statute and thereafter to convey a fresh BLMC meeting for further course of action.

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Be that as it may, since the petitioners’ representation is still pending before the authority, the concerned authority may be directed to consider the same within a stipulated time frame.

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Upon consideration of the submission made on behalf of the parties as well as the material on record, the writ petition is disposed of directing the 4^th respondent to consider and dispose of the representation submitted by the petitioners dated 12^th August, 2021 within two months from the date of communication of this order upon affording 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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The writ petition is thus disposed of.

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There shall be no order as to costs.

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

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

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(Suvra Ghosh, J.)

Lakshman Chakraborty and Ors. v. State of West Bengal and Ors.

Case brief

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Lakshman Chakraborty and Ors. v. State of West Bengal and Ors.

Case brief

What is this about?

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