Calcutta High Court (Appellete Side)
Raj Kapoor Vaiswal & Anr vs The State Of West Bengal & Ors on 15 December, 2014
Author: Harish Tandon
Bench: Harish Tandon
15.12.2014.
ap
W. P. 32497 (W) of 2013
(Assigned)
Raj Kapoor Vaiswal & Anr.
Vs.
The State of West Bengal & Ors.
Mr. Mukteswar Maity
Ms. Abha Singh
... For the petitioners.
Mr. Ashok Banerjee, Sr. Advocate,
Mr. Debabrata Banerjee
... For the respondent no. 5.
Mr. Sadananda Ganguly Mr. Debapratim Banerjee ... For the State.
Alleging that the petitioners are still in physical possession of the property said to have been acquired by the State Government, the petitioners are entitled to a protection provided under sub-section of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. While alleging so, the petitioners plead ignorance of any proceeding for acquisition initiated by the acquisition authority and further pleaded that the factum as to acquisition was brought to the notice when an information under the Right to Information Act, 2005 was sought.
Mr. Banerjee, learned Additional Advocate General, submits that the petitioners participated in a proceeding under Section 9 of the Land Acquisition Act, which could be deciphered from the signature appended to a document and therefore, the statements of the petitioners that they were not aware of the acquisition proceeding is absolutely false and a person who does not come with the clean hands should not be encouraged by the Court.
The learned advocate for the petitioners still maintains the statement that his clients never participated in the proceeding and were not aware of the same until the information is furnished under the Right to Information Act, 2005.
In view of the fact the aforesaid factual disputes, this Court feels that the respondents should be given an opportunity to file affidavits.
The respondents shall file respective affidavits within one week after reopening of this Court following the Christmas vacation. Reply, if any, be filed within a week thereafter.
Matter shall appear two weeks after the Christmas vacation under the heading 'For Orders' in the supplementary list.
(Harish Tandon, J.)