Swapan Koley and Anr. Vs State of West Bengal and Ors.

01.07.2026 Item No.10 Ct. No. 19 PG

WPA 14283 of 2026 Swapan Koley & Anr. Vs. The State of West Bengal & Ors.

Mr. Uday Sankar Chattopadhyay Ms. Trisha Rakshit Ms. Aishwarya Datta Ms. Bidisha Chakraborty Mr. Subhrajyoti Datta……….for the petitioners

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Mr. Nilanjan Bhattacharjee, Sr. Adv. Ms. Jayita Dhar Chakraborty Mr. Akash Adak…..for the State

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Affidavit of service, as filed today on behalf of the writ petitioners is taken on record.

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Parties are represented through their respective learned counsel.

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By filing the instant writ petition the writ petitioners have prayed for issuance of appropriate writ/writs against the respondent authorities, more specifically against the respondent no. 2 authority commanding him to furnish the award to each of the writ petitioners so as to enable the writ petitioners to avail the remedy under section 3G(5) of the National Highways Act, 1956 (‘Act of 1956’ in short).

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At the time of hearing, Mr. Chattopadhyay, learned advocate appearing on behalf of the writ petitioners submits before this Court that

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it is the specific case of the writ petitioners that the land of the writ petitioners have been acquired and all on a sudden, some amount was found to be credited in the accounts of the writ petitioners on account of land acquisition proceeding towards compensation. However, no award is either published or copy thereof has been provided to the writ petitioners by the competent authority i.e. the respondent no. 2 herein.

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Drawing attention to page no. 37 of the writ petition, being a copy of the representation dated 30.03.2026, it is submitted by Mr. Chattopadhyay that under cover of such representation dated 30.03.2026, writ petitioners requested the respondent no. 2 authority to provide them the copies of the award so as to enable them to approach the appropriate authority under section 3G(5) of the Act of 1956 but in vain.

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Mr. Bhattacharjee, learned senior advocate appearing on behalf of the respondent/State submits before this Court that the respondent no. 2 authority may be directed to consider the representation dated 30.03.2026 in accordance with law.

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In view of such, this Court, while disposing the instant writ petition, directs the respondent no. 2 authority to consider the representation dated 30.03.2026 in accordance with law after giving due opportunity of hearing to the writ petitioners and shall pass a reasoned order on such representation within 30 working days from the date of communication of the server copy of this order.

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The time limit, as fixed by this Court is peremptory and mandatory.

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It is further made clear that in the event while considering the representation dated 30.03.2026, the respondent no. 2 authority finds sufficient merit in such representation of the writ petitioners, he shall forthwith provide the writ petitioners the copies of the award on account of acquisition of land of the writ petitioners.

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