Disposed

Tushar Kanti Das and Anr. v. Union of India and Ors.

Calcutta HC22 Jul 2022WPA/4887/2022

Case brief

AI extract

What is this about?

Disposes of a writ petition seeking directions to the authority to consider representations and grant compensation under LARR Act, 2013. Directs the second respondent to dispose of representations within two months after providing a hearing opportunity and communicating the decision. No order as to costs.

What did the court decide?

Direction to the 2nd respondent to consider and dispose of petitioners' representations within two months after hearing, with decision communicated within a week.

Tushar Kanti Das and Anr. Vs Union of India and Ors. — Calcutta HC (2022) — LawSathi Research

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32 jdt.

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22.07.2022 jb.

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W.P.A. 4887 of 2022

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(Tushar Kanti Das & Anr. vs. Union of India & Ors.)

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Mr. Manojit Bhattacharyya …. For the Petitioners Mr. Chandi Charan De Mr. Anirban Sarkar …. For the State Ms. Rini Bhattacharyya …. For the DFCCIL

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Affidavit of service filed on behalf of the petitioners is taken on record.

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On prayer of the petitioners liberty is granted to implead the Chief Project Manager, Dedicated Freight Corridor Corporation of India Ltd. as respondent No. 11 in the writ petition.

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The cause title of the writ petition be amended accordingly.

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The petitioners are unhappy with the award declared by the competent authority under Railway (Amendment) Act, 2008 and Additional District Magistrate (Land Acquisition), Hooghly and claim compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The petitioners submitted several representations before the concerned Authority ventilating their grievances (Annexure P/3 to the writ

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petition) and pray for direction upon the authority to consider the representations at the earliest.

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Having considered the submission made on behalf of the parties, the writ petition is disposed of directing the 2^nd respondent to consider and dispose of the representations (Annexure P/3 to the writ petition) submitted by the petitioners before the concerned Authority within two months from the date of communication of this order after 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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W.P.A. 4887 of 2022 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.)