NAZRUL ISLAM MOLLICK AND ORS. v. UNION OF INDIA AND ORS.
WPA/27483/2025 · 2026-08-13
Partha Sarathi Sen
body2026
DailyLaw.ai
[ 2026 DAILYLAW 34321 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 34321 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
13.08.2026 Item No.188 Ct. No.19 KS W.P.A. 27483 of 2025 With I.A. No. CAN 2 of 2026 Nazrul Islam Mollick & Ors. Vs. Union of India & Ors. Mr. Rabi Sankar Chattopadhyay Mr. Uday Sankar Chattopadhyay Mr. Sayan Chattopadhyay Ms. Trisha Rakshit Ms. Aishwarya Datta Ms. Suparna Jana …..For the Petitioners Ms. Manika Roy Mr. Atanu Sur ……For the N.H.A.I. Mr. Billwadal Bhattacharyya, Ld. A.A.G. Mr. Srijib Chakraborty Mr. Sagnik Roy Chowdhury …..For the State Mr. Mohit Gupta Mr. Tirtha Pati Acharya Ms. Suparna Das …..For the Union of India In Re.: I.A. No. CAN 2 of 2026
1. Parties are represented through their respective learned counsel.
2. Affidavit of service filed in Court by the petitioners, is taken on record.
3. This is an application at the instance of the National Highway Authority of India (for short, “NHAI”) who desires to be added as party respondent.
4. In absence of any opposition, such prayer is allowed.
5. Let NHAI be added as party respondent no.6 in the instant writ petition.
6. Learned advocate for the writ petitioners is requested to make necessary insertion in the cause title of the instant writ petition pursuant to this order in Court today.
2
7. With the aforementioned observation, I.A. No. CAN 2 of 2026 is allowed and disposed of. In Re. : W.P.A. 27483 of 2025
8. Learned counsel on behalf of the writ petitioners produces challan showing deficit Court fees have been paid, which is taken on record.
9. At the time of hearing, Ms. Aishwarya Datta, learned advocate duly led by Mr. Chattopadhyay on behalf of the writ petitioners, at the very outset, submits before this Court that for the present, the writ petitioners prays for
consideration of their representation by the respondent no.4, a copy of which has been annexed at Page No.296 of the instant writ petition. 10. It is submitted that it is the specific case of the writ petitioners that the lands of the writ petitioners, particulars of which has been mentioned in the instant writ petition, have been acquired for the widening of the National Highway and for that reason, notice of acquisition has been sent to the writ petitioners, as would be evident from Page Nos.242 to 253 of the instant writ petition. 11. It is submitted that despite submission of the representation, as received on 09.06.2025 with the respondent no.4 authority, the writ petitioners have not received any communication regarding computation and/or calculation of the quantum of compensation. 12. It is, thus, submitted that the respondent no.4 authority may be directed to consider the representation dated 09.06.2025, a copy of which has been annexed at Page
3 No.296, in accordance with law, after giving due opportunity of hearing to the writ petitioners. 13. Such prayer is vehemently opposed by learned counsel for the Union of India. 14. It is argued on behalf of the Union of India that in the aforementioned notices of acquisition, the amount of compensation has been specified and determined and in the event, the writ petitioners are at all aggrieved with the quantum of such compensation, the writ petitioners are at liberty to approach the competent authority under Section 3G(5) of the National Highways Act, 1956 (in short, “the Act of 1956”). 15. Learned counsel for the respondent-State has also adopted the argument of the learned counsel for the Union of India. 16. Ms. Ray, learned counsel appearing on behalf of the NHAI authority submits before this Court that the writ petitioners are not entitled to the reliefs, as prayed for, since on perusal of the prayers of the instant writ petition, it would reveal that the writ petitioners have come forward with vague prayers. 17.
On careful perusal of the entire materials, as placed before this Court and after hearing the learned counsel for the contending parties, this Court while disposing the instant writ petition, directs the respondent no.4 authority to consider the writ petitioners’ representation, as submitted on 09.06.2025, in accordance with law and after giving an opportunity of hearing to the authorized representative of the writ petitioners and/or any other stake holders, if there be any, shall pass a reasoned order on such representation
4 within 30 working days from the date of communication of the server copy of this order alongwith a copy of the representation dated 09.06.2025. 18. The time limit, as fixed by this Court, is peremptory and mandatory. 19. It is, further made clear that in the event, while passing the reasoned order, the respondent no.4 authority finds sufficient merit in the representation of the writ petitioners, he is directed to provide copies of the relevant document showing determination of compensation on account of acquisition of the land soon thereafter so as to enable them to take recourse to the law. 20. With the aforementioned observation, writ petition stands
disposed of.
21. Before parting with, it is, however, made clear that since affidavits have not been called for, the allegations made in the instant writ petition, are deemed to have been denied.
22. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.
(PARTHA SARATHI SEN, J.)