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2026 DAILYLAW 33757 (CAL)

JYOTIRMAY KONAR v. UNION OF INDIA AND ORS.

WPA/5393/2023 · 2026-08-12

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

12.08.2026 Sl. No.69 Ct. No.14 ss IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 5393 of 2023 (Specially Assigned) Sri Jyotirmay Konar VS The State of West Bengal & ors. Ms. Srilekha Bhattacharyya …for the Petitioner. Mr. Bikash Chandra Das …for the State. Mr. Santosh Kumar Pandey …for respondent nos.1 & 2. Mr. Satyendra Agrawal Mr. Bijoy Bag Mr. Goutam Malik … for the respondent no.8 (DFCCIL) 1. By the present writ petition, the petitioner seeks direction upon the respondent authorities to restore/ release the illegally occupied land of the petitioner, except the notified land in plot no.1787, Mouza Birudiha, J.L. No.76, District Paschim Burdwan. 2. Mr. Satyendra Agrawal, learned Advocate representing the added respondent no.8, Dedicated Freight Corridor Corporation of India Ltd. (in short, ‘DFCCIL’) submits that already the compensation amount has been deposited with the Competent Authority. Referring to the copy of the report of the Competent Authority dated 20th November, 2024 he submits that the awardee under award serial nos.2, 7, 13, 15, 20, 23, 27, 28 and 36 did not receive the compensation voluntarily till date. But the office is ready to disburse the compensation after verification of necessary documents. Therefore, the petitioner can 2 very well approach the Competent Authority for disbursement of the awarded amount. 3. At this stage, Ms. Srilekha Bhattacharyya, learned Advocate for the petitioner only seeks that liberty be granted to the petitioner to approach the Competent Authority for disbursement of the awarded sum. 4. Despite service, none appears on behalf of the State. 5. Mr. Bikash Chandra Das, learned advocate, who usually appears for the State, is requested to appear in this matter. Let appointment of Mr. Bikash Chandra Das be regularised by the Competent Authority. 6. Learned advocate for the petitioner is directed to hand over a copy of the writ petition along with pleadings to Mr. Das, learned advocate for the State. 7. Mr. Das, learned advocate for the State leaves the matter to the discretion of the Court. 8. As per the report of the Competent Authority dated 20th November, 2024, the disbursement of compensation was started on 2nd September, 2016. The possession of the suit area was handed over to the Requiring Body on 29th March, 2018. The awardees including the petitioner having award nos.2, 7, 13, 15, 20, 23, 27, 28 and 36 did not receive the compensation voluntarily till date. It is reported that the office is ready to disburse the compensation after verification of necessary documents. 9. Considering the aforesaid report and in view of the submissions advanced on behalf of the respective 3 parties, the writ petition being WPA 5393 of 2023 stands disposed of granting liberty to the petitioner to approach the Competent Authority for disbursement of the awarded sum which will be as per their entitlement and subject to verification of the necessary documents. 10. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 11. Interim order, if any, stands vacated. 12. All connected applications, if any, stand disposed of. 13. There shall be no order as to costs. 14. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 15. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities. (Bivas Pattanayak, J.)