Calcutta High Court (Appellete Side)
Swapan Patra & Ors vs State Of West Bengal & Ors on 28 January, 2015
Author: Sambuddha Chakrabarti
Bench: Sambuddha Chakrabarti
1.2015
W.P. 31875(W) of 2014
Swapan Patra & Ors.
-vs-
State of West Bengal & Ors.
Mr. Dilip Kr. Maiti,
Mr. Uttam Kr. Kamila
... for the Petitioners
Mr. Chandi Charan De,
Mr. Soumitra Bandyopadhyay
... for the State
Heard the learned Advocates for the respective parties.
The grievance of the petitioners is that his land has not been acquired by
the respondents in connection with the reconstruction of the embankments of
the Sundarban Area pursuant to the natural calamity "Aila" but the authorities have started construction of embankments of the river covering a part of his land which has not been acquired according to the due process of law.
This allegation has been very seriously contested by the State respondents. However, on the prayer of the petitioners, the writ petition is disposed of directing the Superintending Engineer, Government of West Bengal, Irrigation & Waterways Directorate, Eastern Circle, i.e., the respondent no. 3 herein, to consider and dispose of the representation of the petitioners dated September 24, 2014 which has been annexed to the writ petition as Annexure - 'P3' by a reasoned order within a period of eight weeks from the date of communication of the order after giving the petitioners an opportunity of being heard. The respondent no. 3 is further directed to communicate the decision to the petitioners within a period of two weeks thereafter. In case the respondent no. 3 finds that the grievance of the petitioners is genuine, he shall take appropriate 2 and remedial steps for the redressal of the grievance of the petitioners in accordance with law.
Since this writ petition is being disposed of without calling for affidavit, all allegations made therein are deemed to have been denied by the respondents.
Needless to mention that while disposing of the writ petition, this Court has not entered into the merits of the case of the writ petitioners, the same shall decided by the respondent no. 3 strictly in accordance with law and on the basis of the findings on fact in respect of the grievance of the petitioners.
There will be no order as to costs.
Urgent xerox certified copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.
( Dr. Sambuddha Chakrabarti, J. ) AKD