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2025 Supreme(Online)(Cal) 2277

CALCUTTA HIGH COURT
Raja Basu Chowdhury, J
Hriday Sarkar – Appellant
Versus
The State of West Bengal & Ors – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Subinay Dey, Mr. Debanjan Das
For the Respondents: Mr. Joyjit Choudhury, AAG, Mr. Sandip Guha Roy

1. Affidavit of service filed in Court today is retained with the record.

2. The instant writ petition has been filed, inter alia, praying for a direction upon the respondents to, in effect, recompute the compensation payable to the petitioner in respect of the land acquired by the respondents by following the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (as amended)(hereinafter referred to as the “said Act”).

3. According to the petitioner although the petitioner’s land stood acquired in LAP case no. 05/2008-09 for the project of construction of New Maynaguri to Jogighopa New Broad Gauge Line and compensation was disbursed in favour of the petitioner, the petitioner has since come to learn that the notification dated 9th February 2016 being S.O.425(E) has not been appropriately applied.

4. According to the petitioner though the petitioner’s land is in rural area and the factor by which the market value was to be multiplied was “two (2)”, for determining the compensation however, from the advise memo disclosed by the respondents concerning LAP case no. 05 / 2008- 09 under the Right To Information Act, it wo

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