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2026 DAILYLAW 43946 (CAL)

MIYA MAKBUL HOSEN v. UNION OF INDIA AND ORS

WPA/2015/2026 · 2026-09-28

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

22 28.09.2026 Ct. No.6 P.A./A,P IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction WPA No. 2015 of 2026 Miya Makbul Hosen v/s Union of India & Ors. Mr. Nabankur Paul Mr. Sutapa Sen Paul Mr. Bodhisatya Ghosh …for the petitioner. Ms. Supriya Singh Ms. Susmita Ghosh …for the Respondent NHAI. Mr. Kunaljit Bhattacharjee, Ld. AGP Ms. Esha Acharya .. for the State. Affidavit of service filed by the petitioner is taken on record. Learned counsel for the petitioner submits that the land of the petitioner was acquired by the National Highway Authority of India for construction/expansion of the National Highway 31D. No compensation has been paid to the petitioner for the same. The petitioner learnt that in the list prepared for the beneficiaries for payment of compensation, the petitioner’s name has been wrongly recorded as Makhan Hossain though his father’s name has been correctly recorded. The 2 petitioner submitted a representation in this regard before the concerned authority on 15th September, 2025 which is yet to be considered. The petitioner seeks consideration of the same. Learned counsel for the State submits that the representation may be directed to be considered in accordance with law. Accordingly, the Special Land Acquisition Officer, Alipurduar, the 4th respondent herein, is directed to consider and dispose of the representation submitted by the petitioner dated 15th September, 2025 within 4 weeks from the date of communication of this order upon granting reasonable opportunity of hearing to all concerned including the petitioner, in accordance with law. The decision taken by the authority shall be communicated to the petitioner within a week thereof. In the event the concerned authority arrives at a decision in favour of the petitioner, necessary consequential steps be taken at the earliest. The writ petition is disposed of accordingly. There shall however be no order as costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to have been admitted. 3 Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)