Calcutta High Court (Appellete Side)
WPA/3446/2020 on 30 June, 2022
Author: Suvra Ghosh
Bench: Suvra Ghosh
June 30, 2022
ARDR
(14 & 15)
WPA 9202 of 2020
With
WPA 3446 of 2020
Mr. Saptangshu Basu, Sr. Adv.,
Mr. Tsgiwul Islam,
Ms. Monika Sarkar,
...for the petitioners.
Mr. Chayan Gupta,
Mr. Sandip Dasgupta,
Mr. Saaqib Siddiqui,
Mr. Aviroop Mitra,
...for the HIDCO.
Mr. Soumitra Bandyopadhyay,
Mr. Aniruddha Sen,
...for the State in WPA 9202/2020.
Mr. Soumitra Bandyopadhyay,
Mr. Subhasis Bandyopadhyay,
...for the State in WPA 3446/2020.
Heard learned counsels for the parties.
Learned counsel for the petitioners submits that
the petitioners are aggrieved by the demarcation made by
the State respondents in presence of all the parties on
15th January, 2020 in terms of the order of a coordinate Bench of this Court passed on 10 th September, 2015 in WP 6577 (W) of 2011.
In the order passed on 10th September, 2015, the coordinate Bench directed the Land Acquisition Collector, North 24 Parganas to cause physical demarcation of the land and once the demarcation was made the writ petitioner was at liberty to construct a boundary wall at his own cost along such demarcation 2 for physical segregation of the acquired land from the land not acquired.
The demarcation report demonstrates that 0.05 acres in R.S. plot no.165 and 0.56 acres in R.S. plot no. 166 were acquired vide L.R. case nos. 4/18 of 94-95 and 4/35 of 95-96 respectively. But there is no reflection in the said order or the sketch map drawn therein as to which portion of the plots were acquired. Therefore, the petitioners are not in a position to raise boundary wall surrounding the unacquired portion of the plot for physical segregation thereof. The exact portion of the plots acquired ought to be physically demarcated on the basis of the notice under Section 4 of the Land Acquisition Act, 1894 for construction of such boundary wall.
In view of the same, the Land Acquisition Collector, North 24 Parganas is directed to cause a clear physical demarcation of the land indicating the exact portion acquired as well as the unacquired portion belonging to the petitioners in order to enable the petitioners to raise a boundary wall segregating their portion from the acquired portion. Such demarcation shall be made in presence of all the parties and the entire exercise shall be completed within six weeks from the date of communication of this order.
Let the matter appear under the same heading on 22nd August, 2022.
3(Suvra Ghosh, J.)