Disposed¶29

Gokul Baksi v. State of West Bengal and Ors.

Calcutta HC6 Mar 2026WPA/18639/2025

Case brief

AI extract

What is this about?

WPA 18639 of 2025 | Gokul Baksi v. The State of West Bengal & Ors. | Calcutta High Court | 06.03.2026 | Hiranmay Bhattacharyya, J. | Mouza Nafarganj, J.L No. 172, P.S. Basanti, South 24 Parganas | Land partly utilized for marginal embankment without compensation; writ disposed directing initiation of acquisition proceeding and payment of compensation within four months of server copy of order.

What did the court decide?

Appropriate State authority directed to initiate an acquisition proceeding for the land in question and pay compensation to the petitioner; entire exercise including payment to be completed positively within four months from receipt of server copy of the order. ¶29

Gokul Baksi Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to compensation for the portions of his land utilized by the Irrigation & Waterways Department for construction of the marginal embankment, no compensation having been paid.

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Court's answer

Since the property of the petitioner has been utilized, the petitioner is entitled to compensation for the portion of the land utilized for construction of the marginal embankment.

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Ratio / Principle

W.P.A. 18639 of 2025 is disposed of by directing the appropriate authority of the State of West Bengal to initiate an appropriate proceeding for acquisition of the land in question and to pay compensation to the petitioner.

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Key takeaways

The entire exercise, including payment of compensation, shall be completed as expeditiously as possible and positively within four months from the date of receipt of the server copy of this order.ratio¶29

Detailed headnote1 paragraphs

Constitutional writ (Appellate Side), High Court at Calcutta: WPA 18639 of 2025, Gokul Baksi v. The State of West Bengal & Ors., decided 06.03.2026 by Hiranmay Bhattacharyya, J. (single judge). Following a court order dated 06.02.2026, the Executive Engineer - I, Joynagar Irrigation Division filed a report dated 17.02.2026 recording a joint field verification held on 26.08.2025 at Mouza – Nafarganj, J.L No. 172, P.S. Basanti, South 24 Parganas, at which the petitioner was represented. Findings: plots 1287, 1288 and 1288/1456 partly utilized by the Irrigation & Waterways Department for construction of marginal embankment; plots 1023, 1023/1072 and 1287/1455 not utilized and no irrigation embankment proposed on them. The State candidly admitted no compensation had been paid despite utilization of the petitioner's land. Held that, since the petitioner's property was utilized, he is entitled to compensation for the utilized portion. Petition disposed of by directing the appropriate State authority to initiate an acquisition proceeding for the land in question and pay compensation, the entire exercise including payment to be completed positively within four months from receipt of the server copy of the order. No statute or precedent is cited and no monetary quantum is stated in the judgment.

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06.03.2026

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Item No.14 Court No.19 CHC (Bench ID: 265719) (disposed of)

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In The High Court at Calcutta

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Constitutional Writ Jurisdiction Appellate Side

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WPA 18639 of 2025

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Gokul Baksi Vs.

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The State of West Bengal & Ors.

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Mr. Anindya Sundar Das, Advocate

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Mr. Shaunak Ghosh, Advocate

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Ms. Paramita Mondal, Advocate

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Ms. Suva Gayen, Advocate

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Mr. Suman Halder, Advocate

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…for the petitioner

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Mr. Soumitra Bandyopadhyay, Sr. Govt. Advocate

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Ms. Suchana Banerjee, Advocate

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….for the State respondents

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Pursuant to the order dated 6^th February, 2026 Executive Engineer – I, Joynagar Irrigation Division filed a report dated 17^th February, 2026 which is taken on record. Copy of such report has been supplied to the learned advocate for the petitioner.

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From the said report, it appears that a joint field verification was conducted at Mouza – Nafarganj, J.L No. 172, P.S. Basanti under the District – South 24 Parganas. The report further states that the joint field verification was held on 26^th of August, 2025 and the copy of the joint field verification report has been annexed to such report. The report further states that plot nos. 1287, 1288 and 1288/1456 have been partly utilized by the Irrigation & Waterways Department for

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the construction of marginal embankment and the other plots namely, plot nos. 1023, 1023/1072, 1287/1455 have not been utilized by the said department and no construction of any Irrigation Embankment is proposed on the said land.

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The portion utilized has been specifically mentioned in the joint field verification report.

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Upon perusing such report, it appears that the petitioner was represented at the time of field verification. It is evident from the said report that some plots belonging to the petitioner have been utilized for the purpose of construction of marginal embankment.

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Mr. Ghosh, learned advocate appearing for the petitioner submits that no compensation has been paid to the petitioner till date though the property of the petitioner has been utilized for the purpose of construction of marginal embankment.

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Heard Mr. Bandyopadhyay, learned Senior Government Advocate for the State on such submission.

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It is evident from the report that some of the plots of the petitioner have been utilized for the purpose of construction of marginal embankment.

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Mr. Bandyopadhyay, learned Senior Government Advocate appearing for the State in his usual fairness submits that compensation has not been paid.

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Since the property of the petitioner has been utilized, the petitioner is entitled to compensation for the portion of the land utilized for construction of marginal embankment.

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In the light of the submissions made by the learned advocates for the respective parties, W.P.A. 18639 of 2025 stands disposed of by directing the appropriate authority of the State of West Bengal to initiate an appropriate proceeding for acquisition of the land in question and to pay compensation to the petitioner. The entire exercise including payment of compensation shall be completed as expeditiously as possible but positively within a period of four months from the date of receipt of the server copy of this order.

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Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

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(Hiranmay Bhattacharyya, J.)

Gokul Baksi v. State of West Bengal and Ors.

Case brief

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Gokul Baksi v. State of West Bengal and Ors.

Case brief

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