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2025 DAILYLAW 18974 (CAL)

BISWANATH SHIL AND ORS v. STATE OF WEST BENGAL AND ORS.

WPA/8894/2024 · 2025-01-06

Aniruddha Roy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 50 06.01.2025 Sc Ct. no.2 WPA 8894 OF 2024 -------------- Biswanath Shil & Ors. Vs. The State of West Bengal & Ors. Mr. Swapan Kumar Kar …. For the Petitioners Mr. Jahar Lal De Mr. Shamim ul Bari. …. For the Respondents State Affidavit-of-service, filed in Court today, is taken on record. There are twenty-seven individual writ petitioners. Only one Court fee has been paid. Subject to payment of the balance Court fees by the rest of the petitioners this order shall be effected. The petitioners contend that their land has been utilized long back for public purpose by the State without acquisition or requisition. The petitioners have not been paid compensation. The petitioners submitted a representation dated November 28, 2023, Annexure-P2 at pages 40 to 80 to the writ petition before the State authorities but the same has not been dealt with. Referring to the documents Annexure-P1 at pages 23 to 39 to the writ petition learned counsel for the 2 petitioners submit that, the State has already obtained consent from the land losers to implement Direct Purchase policy in accordance with law. In view of the above, the respondent no.4 is directed after verifying all the records to implement, execute and complete the Direct Purchase policy in the event compensation has not already been paid to the petitioners or the land losers. The policy shall be implemented strictly in accordance with law. The entire exercise shall be carried out and completed by the respondent no.4 including making payment to the petitioners in accordance with law positively within a period of six months from the date of communication of this order. It is made clear that, the Direct Purchase policy shall only be implemented, in the event compensation has not yet been paid to the petitioners or the land losers. It is made clear that, this order shall not create any right or equity in favour of the petitioners if the petitioners are not eligible to receive the benefit of the Direct Purchase policy of the State strictly in accordance with law. Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents. 3 With the above observations and directions, this writ petition, WPA 8894 of 2024 stands disposed of, without any order as to costs. Photostat certified copy of this order, if applied for, be furnished expeditiously. (Aniruddha Roy, J.)