Calcutta High Court (Appellete Side)
Ashok Kumar Mishra And Others vs National Highways Authority Of India ... on 16 July, 2018
1
16.07.2018.
Item No. 10
(W)
W.P. 11058 of 2018
Ashok Kumar Mishra and others.
Vs.
National Highways Authority of India and others.
Ms. Hashnuhana Chakraborty,
Mr. Vinay Kumar Purohit.
... for the petitioners.
Mr. Subrata Bhattacharya.
... for the respondent nos. 1 and 2.
The affidavit of service filed in Court today is kept on record. Despite service there is no appearance on behalf of the respondent nos. 3 and 4. However, respondent nos. 1 and 2 are represented.
The respondent no. 3 is the Additional District Magistrate, East Burdwan and, therefore, is the competent authority under the National Highways Act, 1988.
Mr. Chandi Charan De, learned Additional Government Pleader, who is present in Court today, is requested to appear in the instant matter on behalf of the respondent no. 3.
The petitioners have served a copy of the writ petition upon Mr. De in open Court today.
The grievance raised in the instant writ petition is restricted to inaction on the part of the respondent no. 3, the competent authority under the National Highways Act, in not determining the compensation for acquiring the land of the petitioners.
2The petitioners have not challenged the notice and/or declaration made under the said Act but are aggrieved by the fact that the authorities have neither determined the compensation nor any amount in this regard was paid to them.
It is inconceivable that the authority sat tight over the matter after taking possession of the property of an individual without paying any compensation.
This Court, therefore, directs the respondent no. 3 to consider the applications/representations submitted by the petitioners for determination of compensation in respect of their acquired land within six weeks from the date of communication of this order.
It goes without saying that if the said respondent feels that the personal hearing is required to be given to the petitioners, it shall do so and shall also record the objection raised during the hearing and the reasons either for acceptance or non-acceptance of such objection.
With these observations, the writ petition is disposed of. There shall, however, be no order as to costs.
ab (Harish Tandon, J.)