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2023 Supreme(Cal) 732

IN THE HIGH COURT AT CALCUTTA
SUVRA GHOSH, J.
Ranjan Banerjee & Ors. – Appellants
Versus
State of West Bengal & Ors. – Respondents
W.P.A. 6843 of 2022
Decided on : 11-04-2023

Advocates:
Advocate Appeared:
For the Appellant : Mr. Amit Kumar Pan, Mrs. Tanusri Santra, Adv.,
For the Respondent: Mr. Susovan Sengupta, Adv., Mr. Soumitra Bandyopadhyay, Adv., Mr. Ram Chandra Guchait, Adv.,

Headnote:

Land Acquisition Act, 1894 - Section 17 - Acquisition of Land- No compensation paid - Held, respondents have not been able to substantiate issuance of notice of award upon the petitioners or receipt of the same by the latter. The petitioners having approached the authority immediately upon knowledge of the award, there has been no delay on their part that can frustrate their cause in the writ petition. The gap between the dates of declaration of award and approach made by the petitioners before the authority has been sufficiently and adequately explained -Court is inclined to set aside the order impugned passed being the 3rd respondent herein, to disburse the compensation to the petitioners forthwith - Writ Petition Allowed.

JUDGMENT :

SUVRA GHOSH, J.

1. The prayers of the petitioners are hereunder:-

    “(a) A writ in the nature of Mandamus commanding the respondents to rescind and/or withdraw the impugned order dated 10.03.2022 being “Annexure-P/8? herein, forthwith;

(b) A writ in the nature of Mandamus commanding the respondents to pay the compensation money so awarded in respect of the said land to the petitioners, forthwith;”

2. It is contended on behalf of the petitioners that the petitioners are recorded owners of the plots in question situated in Mouza – Patharpratima, J.L. No. 213, Police Station – Patharpratima (at present Gobardhanpur Costal), District- South 24 Parganas. The plots were acquired by the State Government for the purpose of reconstruction of Aila affected Sundarban embankment vide LA Case No. 4/6 of 2012-13 and possession of the land was taken over on 12th July, 2012 upon invoking section 17 of the Land Acquisition Act, 1894. Notice under section 4 of the Act was published on 12th July, 2012. Declaration under section 6 of the Act was published on 27th December, 2012. No compensation was paid to the petitioners despite making several visits to the office of the respondents and on 27th September, 2020 the petitioners learnt that award was declared way back on 12th December, 2013. The petitioners made a representation before the Special Land Acquisition Officer on 5th October, 2020 for disbursement of compensation and were called for a hearing by the Additional Land Acquisition Officer on 15th October, 2020. No further communication was made to the petitioners by the State respondents for which the petitioners were constrained to approach this Court in a writ petition being W.P.A. No. 20853 of 2021. By an order passed on 4th December, 2022 this Court directed the concerned authority to consider and dispose of the representation submitted by the petitioners within a period of two months from the date of communication of the order after affording reasonable opportunity of hearing to all the interested parties including the petitioners, in accordance with law. Pursuant to the said direction, the concerned authority, being the Special Land Acquisition Officer, South 24 Parganas, Alipore, took up the matter for hearing and by an order passed on 10th March, 2022, disposed of the representation with a direction that the award declared against the suit plots as claimed by the petitioners marked as “Non- Verified Award? are to be deposited in the Court of Learned Special LA Judge, Alipore, under section 30 read with section 31 of the LA Act I of 1894 for further adjudication of the matter. The said order is assailed in the writ petition.

3. It is submitted on behalf of the petitioners that in terms of the memo issued by the Special Land Acquisition Officer on 3rd March, 2022 requesting the petitioners along with their learned counsel to remain present at the hearing on 10th March, 2022 the petitioners through their learned counsel appeared before the authority and placed their submission along with copies of relevant documents in support of their claim. But it has been recorded in the order impugned that in spite of receiving notices, the awardees did not turn up during the hearing. The concept of “Non-Verified Award? is unknown to law and the order demonstrates that the award was verified and the petitioners were held entitled to get the compensation amount. The petitioners plead violation of the principles of natural justice due to such observation made by the authority in the order impugned.

4. Per contra, learned counsel for the State respondents submits that there is no fault in the decision making process of the authority that can be canvassed in the writ petition. In the earlier writ petition, there was no direction upon the respondents to pay the compensation to the petitioners and the compensation amount has been rightly directed to be deposited before the Civil Court in compliance with the statute. The petitioners approached the auth

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