Subir Ghosh and Ors. Vs the State of West Bengal and Ors. — Land Acquisition | Calcutta HC (2025)

Subir Ghosh and Ors. Vs the State of West Bengal and Ors. — Land Acquisition | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions to respondent no. 4, the Land Acquisition Collector (General), Howrah, to take up and complete the hearing of the petitioners' Section 28A application (securing service of notice if not done), pass a reasoned order with a calculation sheet of any enhanced award, and communicate it forthwith, preferably by mail; completion within 60 working days of communication of the server copy; liberty to the Advocate-on-Record to communicate the server copy; respondent no. 4 to act on the server copy.

Issue for consideration

Whether appropriate writ should issue against respondent no. 4 directing it to communicate its decision pursuant to the writ petitioners' application under Section 28A of the Land Acquisition Act, 1894.

Court's answer

While disposing of the writ petition, this Court directs respondent no. 4, i.e., the Land Acquisition Collector (General), Howrah, to take up the hearing of the writ petitioners' application under Section 28A of the Act I of 1894, securing service of notice on the writ petitioners if not already done.

Ratio / Principle

After the hearing, respondent no. 4 shall pass a reasoned order along with a calculation sheet of the enhanced award, if there be any, and communicate it to the writ petitioners forthwith, preferably by mail if the mail details are provided at the time of hearing.

Key takeaways

The entire exercise directed in the foregoing paragraph is to be completed within 60 working days from the date of communication of the server copy of the order.ratio¶5
Liberty is given to the learned Advocate-on-Record of the writ petitioners to communicate the server copy of the order to respondent no. 4/authority.ratio¶6
Respondent no. 4 is directed to act on the server copy of the order.ratio

Detailed headnote1 paragraphs

Writ Petition (WPA 518 of 2025), Subir Ghosh & Ors. v. The State of West Bengal & Ors. (decided 02.05.2025, Partha Sarathi Sen, J.), disposed of with directions: the petitioners had applied under Section 28A of the Land Acquisition Act, 1894 to respondent no. 4, which heard the application but never communicated its order. Directing respondent no. 4, the Land Acquisition Collector (General), Howrah, to take up the hearing afresh securing service of notice on the petitioners if not done, pass a reasoned order together with a calculation sheet of any enhanced award, and communicate it forthwith, preferably by mail if mail details are supplied at the hearing; the entire exercise to be completed within 60 working days of communication of the server copy of the order; liberty granted to the Advocate-on-Record to transmit the server copy, on which respondent no. 4 is directed to act.

S/L 23 02.05.2025 Court. No. 19 Suvayan

WPA 518 of 2025

Subir Ghosh & Ors. Vs.

The State of West Bengal & Ors.

Mr. Tapan Kumar Rakshit Mr. Surajit Roy

…for the petitioners.

Mr. Chandi Charan De, AGP Mr. Anirban Sarkar

…for the State.

The affidavit-of-service as filed today is taken on record.

By filing the instant writ petition the writ petitioners have prayed for issuance of appropriate writ against the respondent no. 4 for communicating its decision pursuant to the application as filed by the writ petitioners under Section 28A of the Land Acquisition Act, 1894 a copy of which has been annexed at page nos. 32 to 35 of the instant writ petition.

It is submitted on behalf of the writ petitioners that after filing of the said application under Section 28A of the Act I of 1894 though the respondent no. 4 had taken up the said application for hearing in presence of the writ petitioners but the respondent no. 4 has not communicated its order to the writ petitioners in connection with the said application.

In view of such, while disposing the instant writ petition this Court directs the respondent no. 4 i.e.; the Land Acquisition Collector (General), Howrah to take up the hearing of the application under Section 28A of

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the Act I of 1894 as submitted by the writ petitioners securing service of notice of the writ petitioners, if not done, in the meantime and thereafter shall pass a reasoned order along with a calculation sheet of the enhance award, if there be any, to the writ petitioners forthwith preferably by mail, if the mail details of the writ petitioners are provided to him at the time of hearing.

It is further ordered that the entire exercise as indicated in the foregoing paragraph is to be completed within 60 working days from the date of communication of the server copy of this order.

Liberty is given to the learned Advocate-on-Record of the writ petitioners to communicate the server copy of this order to the respondent no. 4/authority.

Respondent no. 4 is directed to act on the server copy of this order.

With the aforementioned observation, the instant writ petition being WPA 518 of 2025 is disposed of.

Urgent Xerox certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Partha Sarathi Sen, J.)