Extracted from the PDF above. The PDF is authoritative.
S/L 14
20.05.2025 Court. No. 19
Suvayan WPA 4018 of 2024
Anjan Kumar Ghosh Vs. Union of India & Ors. Mr. Kaustav Banerjee Ms. Ria Kundu …for the petitioner. Mr. Soumitra bandyopadhyay Mr. Srinath Singha Roy …for the State. 1. The affidavit-of-service as filed today is taken on record. 2. By filing the instant writ petition the writ petitioner has prayed for issuance of appropriate writ/writs against the respondents/authorities for initiating appropriate acquisition proceeding and for disbursement of adequate compensation in favour of the writ petitioner for unlawful utilization of the land of the writ petitioner particulars of which has been mentioned in paragraph no. 1 of the instant writ petition. 3. In course of his submission Mr. Banerjee, learned Advocate appearing on behalf of the writ petitioner at the very outset draws attention of this Court to page nos. 179 and 180 of the instant writ petition being an enquiry report dated 06.09.2022 as conducted by the Revenue Inspector, Haripal-Ashutosh R.I. Office, District – Hooghly pursuant to the direction of BDO, Haripal Block, District – Hooghly. It is submitted by Mr. Banerjee that from the copy of the said report it would reveal that a good number of plots of land
2 belonging to the writ petitioner have been utilized by the respondents/State and its functionaries without initiating any land acquisition process and without making any attempt to disburse adequate compensation to the writ petitioner. It is further submitted that it is the further grievance of the writ petitioner that many other plots of land belonging to the writ petitioner were similarly utilized by the respondents/authorities without initiating any acquisition proceeding. It is contended by Mr. Banerjee that despite submission of repeated representation with the respondents/authorities, the respondents/authorities took no steps at all and practically sat tied over the matter. 4. Mr. Soumitra bandyapadhyay, learned Senior Government Advocate appearing on behalf of the respondents/State and its functionaries submits before this Court that there cannot be any predicament in considering the representation of the writ petitioner by the respondent no. 8/authority. 5. Such contention is, however, opposed by learned Advocate for the writ petitioner. It is submitted by him that the respondent no. 17 may be directed to consider the representation of the writ petitioner. 6.
On careful consideration of the entire materials as placed before this Court and after hearing the learned Advocates for the contending parties this court while disposing the instant writ petition directs the respondent no. 8/authority to obtain a field
3 verification/demarcation report from the respondent no. 9/authority. The respondent no. 9/authority while initiating field verification/demarcation shall cause prior service of notice upon the writ petitioner and upon completion of such field verification/demarcation shall submit a report with respondent no. 8/authority positively within 30 working days from the date of communication of the server copy of this order. 7. The respondent no. 8 on receipt of such report shall consider the copy of the instant writ petition as a representation of the writ petitioner and shall dispose of such representation in the light of the said field verification report as well as in the light of the previous report dated 06.09.2022 as submitted by the Revenue Inspector as aforesaid and after giving an opportunity of hearing to the writ petitioner and/or his authorized representative shall pass a reasoned order and to communicate the same to the writ petitioner forthwith preferably by mail, if the mail details of the writ petitioner is provided to him at the time of hearing. 8. The entire exercise as indicated hereinabove is to be completed by the respondent no. 8 positively within 60 working days from the date of receipt of the field verification/demarcation report from the respondent no. 9. 9. Liberty is given to the learned Advocate for the writ petitioner to communicate the server copies of this order together with a copy of the instant writ petition
4 along with all annexures to the respondent nos. 8 and
9. 10. The respondent nos. 8 and 9 is directed to act on the server copy of this order. 11. Before parting with, it is made clear that in the event the respondent no.
8 finds sufficient merit in the representation of the writ petitioner, he shall take up the matter with the jurisdictional Panchayat authority forthwith and make arrangement for requisition of land as is found to have been utilized by him and shall forthwith forward the same to the respondent no. 17, who on receipt of such requisition shall initiate the process of acquisition in accordance with the prevailing law positively within 30 working days from the date of receipt of such requisition if there be any, from respondent no. 8 and shall conclude such acquisition proceeding including disbursement of compensation within six months from the initiation of the said acquisition proceeding. 12. With the aforementioned observation, the instant writ petition being WPA 4018 of 2024 is disposed of. 13. 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.)