Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 1, Cited by 0]

Calcutta High Court (Appellete Side)

Smt. Gouri Bagui vs The State Of West Bengal & Ors on 30 January, 2024

Author: Suvra Ghosh

Bench: Suvra Ghosh

30.01.2024
rc/ct.no.10
Item No.24


                                WPA No. 7626 of 2018
                                         With
                                  CAN No. 1 of 2023
                                   Smt. Gouri Bagui
                                          Vs.
                            The State of West Bengal & Ors.



                     Mrs. Sutapa Sanyal                ...for the Petitioner

                     Mr. Soumitra Bandyopadhyay
                     Mr. Aniruddha Sen                       ...for the State

                     Mr. Debabrata Banerjee
                     Mr. Samir Chakraborty                   ...for the HIDCO




                     Heard learned counsels for the parties.

                     It appears from the reply given by the Additional

              Land Acquisition Officer, North 24 Parganas to the

              application filed by the petitioner under the Right to

              Information Act, 2005 that the land of the petitioner has

              been acquired and compensation awarded to the owner,

              being the petitioner herein. The reply further demonstrates

              that the compensation amount of Rs.1,63,403/- has not

              been received by the awardee/ petitioner till June 30, 2017

              when    the   reply   was   furnished.   The    petitioner   has

              submitted a representation before the concerned authority

              on November 09, 2017 requesting the authority to disclose

              the method of calculation of the quantum of compensation

              due to the petitioner and for consideration of her case. The

              representation is yet to be considered. The petitioner prays
                                2




for a direction upon the authority to consider the

representation at the earliest.

      It is submitted on behalf of the respondents that the

plot in question was acquired vide LA Case No. 4/102 of 1998-99 and possession of the plot was made over to the requiring body on May 04, 1999.

Learned counsel for the State submits that the 4th respondent be directed to deal with the representation submitted by the petitioner in accordance with law.

In view of the above, this writ petition is disposed of directing the 4th respondent to consider and dispose of the representation submitted by the petitioner dated November 09, 2017 within six weeks from the date of communication of this order upon affording 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.

With the above observations and directions this writ petition being WPA No. 7626 of 2018 is disposed of.

The connected application being CAN No. 1 of 2023 is also disposed of accordingly.

There shall however be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. 3

Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh,J)