Sudhir Kumar Majumdar vs State of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Cal) 1514

IN THE HIGH COURT AT CALCUTTA
SUVRA GHOSH, J.
Sudhir Kumar Majumdar & Ors. – Petitioners
Versus
State of West Bengal & Ors. – Respondents
W.P.A. 15475 of 2021 With W.P.A. 15646 of 2021 With W.P.A. 15649 of 2021 With W.P.A. 15766 of 2021 With W.P.A. 15794 of 2021 With W.P.A. 15713 of 2021 With W.P.A. 15717 of 2021
Decided On : 30-09-2022

Advocates Appeared:
For the Petitioners: Mr. Uttiya Roy, Mr. Arnab Mandal.
For the Respondents: Mr. Falguni Majhi, Ms. Manika Roy.

Headnote:
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Payment of appropriate damage compensation - Land Acquisition - Arbitral award - Held, Proceeding under section 3A (1) of Act of 1956 has been initiated by National Highways Authority in respect of plot in question amongst other plots, said proceeding should be taken to its logical conclusion by authority in accordance with law, moreso, as the earlier proceeding under Act of 1894 has lapsed or in alternative, has been abandoned - Also, application of petitioners submitted before Land Acquisition Collector, ought to be considered in light of observation made in this judgment upon affording reasonable opportunity of hearing to all interested persons including petitioners - Writ petitions allowed.

JUDGMENT :

(Suvra Ghosh, J.) :-

1. Since similar issues are involved in all the writ petitions, they are taken up for consideration and disposal by a common judgment.

2. The prayers of the petitioners are as hereunder:-

“a) a writ in the nature of mandamus directed the respondent authorities to consider the representation dated 31.03.2021, in accordance with law and in the light of the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013;

c) a writ in the nature of mandamus directing the respondent authorities to release the petitioner’s portions of plot no. 82, from the clutches of acquisition and free from any other encumbrances incidental to the aforesaid LA Case No. 2(IV)/2004-2005, or in the alternative, to acquire the same afresh, if so required, but only upon compliance of the due process of law and upon payment of appropriate damage compensation as per the current market rate and in accordance with the present law of the land;”

3. The petitioners in W.P.A. 15475 of 2021 claim to be recorded owners of property in R.S. and L.R. plot no. 82 under L.R. khatian nos. 294, 295, 293 and 296 in mouza- Alisha, J.L. no. 77, P.S. Burdwan Sadar, Dist:- Purba Bardhaman comprising about 0.050 acres since 1988 by virtue of purchase and have been running small scale business therein for earning their livelihood.

4. The petitioner in W.P.A. 15646 of 2021 claims to be recorded owners of property in R.S. and L.R. plot no. 82 under L.R. khatian no. 456 in mouza- Alisha, J.L. no. 77, P.S. Burdwan Sadar, Dist:- Purba Bardhaman comprising about 0.081 acres since 1986 by virtue of purchase and has been carrying on small scale business therein.

5. The petitioner in W.P.A. 15649 of 2021 claims to be recorded owners of property in R.S. and L.R. plot no. 82 under L.R. khatian no. 292 in mouza- Alisha, J.L. no. 77, P.S. Burdwan Sadar, Dist:- Purba Bardhaman comprising about 0.034 acres since 1994 by virtue of purchase and have been running small scale business therein.

6. The petitioner in W.P.A. 15766 of 2021 claims to be recorded owners of property in R.S. and L.R. plot no. 82 under L.R. khatian no. 66 in mouza- Alisha, J.L. no. 77, P.S. Burdwan Sadar, Dist:- Purba Bardhaman comprising about 0.036 acres since 1987 by virtue of purchase and have been running small scale business therein.

7. The petitioners in W.P.A. 15794 of 2021 claim to be recorded owners of property in R.S. and L.R. plot no. 82 under L.R. khatian no. 66 in mouza- Alisha, J.L. no. 77, P.S. Burdwan Sadar, Dist:- Purba Bardhaman comprising about 0.10 acres by virtue of purchase in 1985 and a deed of gift executed in 2019 and have been running small scale business therein.

8. The petitioners in W.P.A. 15713 of 2021 claim to be recorded owners of property in R.S. and L.R. plot no. 82 under L.R. khatian nos. 249, 250, 251 and 252 in mouza- Alisha, J.L. no. 77, P.S. Burdwan Sadar, Dist:- Purba Bardhaman comprising about 0.016 acres since 1985-1987 by virtue of purchase and have been running small scale business therein.

9. The petitioners in W.P.A. 15717 of 2021 claim to be recorded owners of property in R.S. and L.R. plot no. 82 under L.R. khatian nos. 340 and 341 in mouza- Alisha, J.L. no. 77, P.S. Burdwan Sadar, Dist:- Purba Bardhaman comprising about 0.1 acres since 1985-1986 by virtue of purchase and have been running small scale business therein.

10. Land acquisition proceeding was initiated under Act I of 1894 in respect of plot no. 82 for the purpose of development of Commercial Complex. Declaration under section 6 of the Act was published on 18th February, 2005 vide Burdwan No. 18-LA/2/IV/2/2005 dated 15th February, 2005 and award was declared on 13th March, 2007 in favour of Laxman Ghosh, Bamapada Ghosh and Bharat Chandra Ghosh despite the petitioners having purchased portions of the plot much prior to initiation of the acquisition proceedings. The petitioners are in continuous uninterrupted physical possession of the pl