Shyam Sundar Mal & Anr. Vs State of West Bengal & Ors. — Calcutta HC (2024) — LawSathi Research

Shyam Sundar Mal & Anr. Vs State of West Bengal & Ors. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioners to submit a comprehensive representation before the 4th respondent within four weeks; the 4th respondent directed to consider and dispose of the representation within two months of receipt after affording reasonable opportunity of hearing to all concerned including the petitioners, in accordance with law; the decision to be communicated to the petitioners within a week thereafter. No order as to costs.

Issue for consideration

Whether the petitioners' grievance regarding their requisitioned land (acquisition incomplete, no compensation paid, a portion utilised by the Public Works Department) should be addressed by release of the unutilised portion to them and acquisition/purchase of the utilised portion upon demarcation. +1 more

Ratio / Principle

The writ petition is disposed of with liberty to the petitioners to submit a comprehensive representation before the 4th respondent ventilating their grievance within four weeks from date.

Key takeaways

The 4th 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 concerned including the petitioners, in accordance with law.ratio¶11
The decision taken by the authority shall be communicated to the petitioners within a week thereof.ratio¶12

Detailed headnote1 paragraphs

Writ petition (WPA No. 24560 of 2017, order dated 08.01.2025) concerning land requisitioned under Section 3 of the West Bengal (Acquisition and Requisition) Act, 1948 in connection with Act-II Case No. 75/77-78, where the acquisition process was never completed, no compensation was paid, and a portion of the land stands utilised by the Public Works Department. The petitioners sought leave to ventilate their grievance before the concerned authority, release of the unutilised portion, and acquisition/purchase of the utilised portion upon demarcation. The court disposed of the petition with liberty to the petitioners to submit a comprehensive representation before the 4th respondent within four weeks; the 4th respondent was directed to consider and dispose of the representation within two months of receipt, after affording reasonable opportunity of hearing to all concerned including the petitioners, in accordance with law, and to communicate its decision within a week thereafter. No order as to costs. Respondents' counsel submitted that the State was willing to purchase the utilised portion and release the remainder (submission recorded, not a court holding).

08.01.2025 rc/ct.no.10 Item No.575

WPA No. 24560 of 2017 Shyam Sundar Mal & Anr. Versus

The State of West Bengal & Ors.

Mr. Uttam Kumar Mondal …for the petitioners Mr. Chandi Charan De Mr. Anirban Sarkar ….for the State

Heard learned counsels for the parties.

The land of the petitioners was requisitioned under Section 3 of the West Bengal (Acquisition and Requistion) Act, 1948 in connection with Act-II Case No. 75/77-78. The process of acquisition was not completed for which no compensation was paid to the petitioners by the authority. A portion of the land has already been utilised by the Public Works Department. The petitioners seek to submit a representation before the concerned authority ventilating their grievance and pray for a direction upon the authority to release the unutilised portion of the land in favour of the

petitioners and take necessary steps for acquisition/purchase of the utilised portion upon demarcation of the same.

Learned counsel for the respondents submits that the 4^th respondent be directed to consider the representation in accordance with law. Learned counsel further submits that the State is willing to purchase the

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portion of the land utilised by the authority and release the remaining portion of the land which is not utilised.

In view of the above, the writ petition is disposed of with liberty to the petitioners to submit a comprehensive representation before the 4^th respondent ventilating their grievance within four weeks from date. The 4^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 concerned including the petitioners, in accordance with law.

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

With the above observations and directions this writ petition is disposed of.

There shall be, however, no order as to costs.

Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.