Calcutta High Court (Appellete Side)
Sri Sudhir Garai & Anr vs Union Of India & Ors on 8 March, 2016
Author: Biswanath Somadder
Bench: Biswanath Somadder
1
46 W. P. No. 703 (W) of 2016
08.03.2016
sb
Sri Sudhir Garai & Anr.
Vs.
Union of India & Ors.
Mr. Amlan Jyoti Sengupta,
Mr. Abhijit Pal
.... For the petitioner.
Mr. Sagar Saha
... For the respondent no.2
Mr. Arunava Maiti ... For the State.
Let the report in the form of an affidavit filed in Court today on behalf of the respondent no.2 be kept on record. Perusing the same it appears that according to the National Highway Authority of India it had acquired possession of the land-in- question on 10th July 2014, through the Land Acquisition Officer and the Competent Authority upon compliance of all the formalities in accordance with the provisions of the National Highways Act, 1956. It is specifically stated that the National Highway Authority has already disbursed the compensation amount in favour of the competent authority, which includes compensation amount payable to the petitioners. Such disbursement was by a cheque dated 13th March, 2014, which was received by the Competent Authority on 14th March, 2014.
In such circumstances, this Court directs the concerned authority of the State to take immediate steps to disburse the compensation amount due and payable to the petitioners. Such disbursement, however, will be made subject to orders passed in the civil proceeding, which, according to the learned advocate for the State, is subsisting in 2 respect of the land-in-question.
This application is accordingly disposed of. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.
(Biswanath Somadder, J.)