06.03.2026 Item No.14 Court No.19 CHC (Bench ID: 265719) (disposed of) In The High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 18639 of 2025 Gokul Baksi Vs. The State of West Bengal & Ors. Mr. Anindya Sundar Das, Advocate Mr. Shaunak Ghosh, Advocate Ms. Paramita Mondal, Advocate Ms. Suva Gayen, Advocate Mr. Suman Halder, Advocate …for the petitioner Mr. Soumitra Bandyopadhyay, Sr. Govt. Advocate Ms. Suchana Banerjee, Advocate ….for the State respondents 1. Pursuant to the order dated 6th February, 2026 Executive Engineer – I, Joynagar Irrigation Division filed a report dated 17th February, 2026 which is taken on record. Copy of such report has been supplied to the learned advocate for the petitioner. 2. 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 26th 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 2 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. 3. The portion utilized has been specifically mentioned in the joint field verification report. 4. 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. 5. 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. 6. Heard Mr. Bandyopadhyay, learned Senior Government Advocate for the State on such submission. 7. 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. 8. Mr. Bandyopadhyay, learned Senior Government Advocate appearing for the State in his usual fairness submits that compensation has not been paid. 3 9. 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. 10. 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. 11. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Hiranmay Bhattacharyya, J.)