Calcutta High Court (Appellete Side)
Sri Atul Chandra Garai And Ors vs State Of West Bengal & Ors on 10 August, 2018
Author: Debangsu Basak
Bench: Debangsu Basak
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10‐08‐2018
S.D.
W.P. 29833 (W) of 2015
Sri Atul Chandra Garai and Ors.
Versus
State of West Bengal & Ors.
Mr. S. Mondal
Mr. A.N. Sen
Mr. A.S. Roy
...for the Petitioners.
Mr. L.M. Mondal
Mr. P.B. Mahata
....for the State.
An order dated August 7, 2015 passed by the land Acquisition
Collector, Burdwan is under challenge in the present writ petition.
By the impugned order, the Land Acquisition Collector doubts
the Bargadar Certificate produced by the petitioners and states that, in
absence of conclusive evidence of the petitioners being the recorded
bargadar made available, 20% of the compensation receivable by a
bargadar cannot be disbursed in favour of the petitioners.
Learned Advocate for the petitioners submits that, the
impugned order of the Land Acquisition Collector is contrary to the
direction issued by the High Curt in C.O. 17256 (W) of 1995 on April
24, 1996 as corrected on June 13, 1996. He submits that, the petitioners
had lost the original Bargadar Certificate and had filed a police
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complaint with regard thereto. The Acquisition Proceedings notes the
petitioners as respondents in such proceedings. Therefore, according
to him, there are sufficient evidence on record to establish that, the petitioners are the bargadars.
Learned Advocate for the State submits that, the order dated April 24, 1996 should be read with the order dated June 13, 1996. The High Court directed Land Acquisition Collector to look into the issue of disbursement to the recorded bargadars. None of the petitioners being the recorded bargadars, are entitled to receive the compensation. This is second round of litigation by the petitioners. The first writ petition of the petitioners being C.O. 17256 (W) of 1995 was disposed of by an order dated April 24, 1996 by directing the Land Acquisition Collector to make payment of compensation to the writ petitioners on the ratio of 20% in respect of the plot acquired on the basis of the Bargadar Certificate issued by the Collector being "Annexure F" to the writ petition. Such order was subsequently corrected on June 13, 1996. The order dated April 24, 1996 was modified to the extent that, the compensation was directed to be paid to the recorded bargadars in accordance with law, as already paid the other bargadars in respect of the same land. Therefore, the finding 3 that, the writ petitioners are the recorded bargadars as returned by the order dated April 24, 1996 stood modified subsequently on June 13, 1996. The writ petitioners, therefore, cannot claim that, they are the recorded bargadars on the strength of the order dated April 26, 1996. They have to establish their rights as bargadars independent of such order. The writ petitioners relied on the same Bargadar Certificate before the Land Acquisition Collector as relied on in C.O. 17256 (W) of 1995. Despite such Bargadar Certificate being made available to the High Court, it did not return the conclusive finding that, the writ petitioners are the recorded bargadars. Rather it directed the Land Acquisition Collector to disburse to the recorded bargadars, in accordance with law.
In the proceeding before the Land Acquisition Collector subsequent to the order dated June 13, 1996, the same Bargadar Certificate was relied on which was doubted at the behest of the State. Finding such serious disputes, the Land Acquisition Collector held that, the petitioners failed to substantiate their claims.
There are disputed questions of facts involved, which need not be adjudicated upon by a Writ Court. The legality and validity of a Bargadar Certificate relied on by the petitioners is in dispute. It would, 4 therefore, be appropriate to relegate the petitioners to an appropriately instituted Civil Suit for adjudication of their claims.
W.P. 29833 (W) of 2015 is disposed of without any order as to costs.
Urgent website certified copies of this order, if applied for, be made available to the parties upon compliance of the formalities.
(Debangsu Basak, J.) 5 6 7 8