Calcutta High Court (Appellete Side)
Biswaranjan Mahata & Ors vs Union Of India & Ors on 3 July, 2017
Author: R. K. Bag
Bench: R. K. Bag
1
17.
o.9
W.P. 10375 (W) of 2017
Biswaranjan Mahata & Ors.
Vs.
Union of India & Ors.
Mr. Parimal Kumar Dwari,
Mr. Animesh Dube.
.....for the petitioner.
Mr. Dipankar Das.
......for the NHAI.
Mr. Susovan Sengupta,
Mr. Subir Pal.
......for the State.
The petitioners have filed this writ petition challenging the notice dated March 9,
2016 issued by the National Highway Authority and praying for payment of
compensation for occupying the land of the petitioners under the provisions of the Right
to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013.
The petitioners claim that they are owners of 40 decimals of land in Plot No.61, 8
decimals of land in Plot No.71 and 22 decimals of land in Plot No.78 in Mouza Balibhasa
under Police Station Jhargram in the district of Paschim Medinipur. It is contended on
behalf of the petitioners that by issuing notice dated March 9, 2017, the respondent no.2
and 3 have threatened to occupy the land of the petitioners without making payment of compensation. It appears from the report submitted by the respondent no.5, Special Land Acquisition Officer, Paschim Medinipur that the land of the petitioners was never acquired for the purpose of construction of National Highway. The said respondent has 2 specifically stated in the report that 1.30 acres of land appertaining to Plot No.61, 25 decimals of land appertaining to Plot No.71 and 65 decimals of land appertaining to Plot No.78 belong to the private parties and the rest of the land in those plots have already been recorded in favour of various departments of State of West Bengal. It further appears from the report submitted by the respondent no.3 that the National Highway Authority has never taken any step for acquiring any land of the petitioners at any material point of time. It further appears from the said report that .0183 acres of land appertaining to L.R. Plot No.78 of Mauza Balibhasa has recently been acquired in connection with L.A.(N.H.) Case No.16 of 2012-2013, but the said land does not belong to the petitioners. In view of the fact that the land of the petitioners was never acquired and the possession of the land of the petitioners was never taken over by the State and in view of the fact that the National Highway Authority issued the notice on March 9, 2017 for eviction of the unauthorised occupants from the land of National Highway Authority, I am constrained to hold that the petitioners are not entitled to get any relief in this present writ petition.
Accordingly, the writ petition is dismissed.
(R. K. Bag, J.)