Calcutta High Court (Appellete Side)
Pg (Noor Mohammed Mallick & Ors vs Vs. The State on 26 September, 2013
Author: Dipankar Datta
Bench: Dipankar Datta
1
12 26.09.2013 W.P.28878(W) of 2013
pg (Noor Mohammed Mallick & Ors. vs. Vs. The State
of West Bengal & Ors.)
Mr. Kumarjyoti Tiwari
Mr. Panchanan Hajra
Mr. Tarunjyoti Tiwari......for the petitioners
Mr. Pratik Prakash Banerjee
Mr. Subrata Datta
Mr. Sankar Prasad Dalapati......for the State
Certain plots of lands allegedly owned by the
predecessor(s)-in-interest of the petitioners were
requisitioned for a particular scheme. However, the
scheme has since been abandoned. Consequently, the
petitioners claim that they are entitled not only to return
of such plots of land but also to rent compensation and
damages.
I am of the view that decision on the claim of the
petitioners would require investigation into factual
aspects, viz. as to whether they are at all the successors-
in-interest of the original owner of the plots of land which
were requisitioned, whether the original owner had
received compensation money or not, etc. In exercise of
writ jurisdiction, I am not inclined to embark on such
factual investigation.
In my view, interest of justice would be best served if
the Land Acquisition Collector, Hooghly proceeds to
consider the representation submitted by the petitioners
dated 26.04.2012 and the notice demanding justice dated
2
01.07.2013 issued on their behalf by their learned
advocate, in accordance with law and upon granting the
authorised representative of the petitioners reasonable
opportunity of hearing. It is ordered accordingly.
Let this order be complied with by the Land
Acquisition Collector within four months from date of
receipt of a copy of this order.
In the event the claim of the petitioners' is found to be
not tenable, a reasoned order shall be passed and
communicated to them.
On the contrary, if the petitioners' claim succeeds,
follow up steps shall be taken by the Land Acquisition
Collector to return the plots of land to the petitioners as
well as to pay appropriate amount of compensation and
damages within a further period of three months of such
decision.
Since no affidavit has been called for, the allegations
contained in the writ petition shall not be deemed to have
been admitted by the respondents.
The writ petition stands disposed of with the above observations.
There shall be no order as to costs. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously.
(DIPANKAR DATTA,J.) 3