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Calcutta High Court · body

2026 DAILYLAW 9564 (CAL)

NILIMA BERA v. STATE OF WEST BENGAL AND ORS.

WPA/8970/2026 · 2026-04-16

Hiranmay Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Item- 14. sg 16-04-2026 Ct. 19 WPA 8970 of 2026 Nilima Bera Versus State of West Bengal & Ors. Mr. Nikhil Kr. Gupta …for the petitioner The affidavit of service filed in Court is taken on record. The learned Advocate appearing for the petitioner submits that the respondent authorities have been duly served. However, in spite of service, none appears on behalf of the State respondents. Mr. Chandi Charan De, learned Additional Government Pleader, who usually represents the State is present in Court and is requested to appear for the State in this matter. Let the appointment of Mr. De be regularized by the competent authority. Let a copy of the writ petition be served by the learned Advocate for the petitioner to Mr. De in course of the day. The petitioner alleges that the Collector has not referred for determination of the court with regard to the objections raised by the petitioner as to the adequacy of the compensation amount determined by the Collector. The learned advocate for the petitioner submits that a cheque on account of compensation has been issued in favour of the petitioner dated 19th May, 2000 and immediately thereafter, the petitioner submitted a representation dated 23rd May, 2000 prying for referring the matter to the court. He further submits that in spite of receipt of such representation as contemplated under Section 18 of the Land Acquisition Act, 1894, no steps have been taken by the Collector for referring the matter to the court. Mr. De, learned Additional Government Pleader, submits that necessary steps shall be taken in accordance with law provided the application was submitted within the time limit stipulated under sub-Section (2) of Section 18. After hearing the learned Advocate for the petitioner and Mr. De, the issue as to whether the application was submitted within the prescribed time limit is left open to be decided by the Collector. WPA 8970 of 2026 stands disposed of by directing the Land Acquisition Collector, North 24 Parganas, being the second respondent, to consider the representation dated 23rd May, 2000 and if it is found to have submitted within the time limit prescribed under Section 18(2) of the 1894 Act, necessary steps in accordance with law shall be taken. The entire exercise shall be completed as expeditiously as possible but positively within a period of eight weeks from the receipt of a server copy of this order along with a copy of the representation dated 23rd May, 2000. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Hiranmay Bhattacharyya, J.) 2