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BIBEK CHAUDHURI
Santosh Mallick – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
BIBEK CHAUDHURI, J.
1. Both the above mentioned writ petitions are heard together because the principal dispute is with regard to entitlement of compensation/award upon land acquisition between two alleged owners of the acquired land.
2. One Santosh Mallick, petitioner of WPA 1028 of 2022 has approached this Court under Article 226 of the Constitution praying for issuance of a writ of mandamus commanding the respondent authorities and each one of them to forthwith pass a reasoned order in respect of hearing conducted on 16th December, 2021 on the basis of the petitioner in accordance with law granting/disbursing 50% of the total compensation amount in favour of the petitioner in respect of the land acquired by the National High Way Authority.
3. It is the case of the petitioner that one Parsahnath Sarkar was the original owner in respect of 200 decimal of land by virtue of purchase sometimes in the year 1973-74. The said Parsahnath Sarkar recorded his name in the Record of Rights. Parsahnath Sarkar died leaving behind two daughters namely, Khuki Bala Sarkar and Sova Rani Sarkar (Mallick). Sova Rani is the mother of the petitioner. After the demise of Parsahnath Sarkar, Khuki
Disputes regarding compensation apportionment for land acquisition must be resolved by the Principal Civil Court, not through writ jurisdiction, when an alternative remedy exists.
The competent authority under the National Highways Act lacks jurisdiction to resolve title disputes regarding compensation entitlement, which must be adjudicated by the civil court.
Section 3-G(4) of Act stipulates that such notice shall state particulars of land and shall require all persons interested in such land to appear in person or by an agent or by a legal practitioner b....
Compensation for land acquisition must be equitably distributed among all co-owners, and mistaken payments can be reclaimed by the authority.
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