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2025 Supreme(Online)(Cal) 3043

CALCUTTA HIGH COURT
Partha Sarathi Sen, J
Smt. Anima Chatterjee – Appellant
Versus
The State of West Bengal – Respondent
WPA 29136 of 2023



Advocates:
For the Appellants/Petitioners: Mr. Golam Mastafa, Mr. T. S. Samanta
For the Respondents: Mr. Ayan Banerjee, Mr. Amrita Lal Chatterjee

Compensation for requisitioned land must be properly communicated and made accessible to legal heirs.

Headnote:Statute Analysis: The case references the West Bengal Land Development and Planning Act, 1948 regarding compensation for acquired land. Facts of the Case: The writ petitioner alleged no compensation was awarded for land requisitioned from her predecessor.

Findings of Court:
The court found compensation was declared but not received by the legal heirs of the previous owner.

Issues: The court asked whether compensation had been properly allocated and communicated to the rightful heirs.

Ratio Decidendi: The court reasoned that the legal heirs are entitled to the awarded compensation as it is still available for collection.

Result: The instant writ petition being WPA 29136 of 2023 is disposed of.

Table of Content
1. court allows legal heirs to claim compensation. (Para 1 , 7 , 8 , 9)
2. claim for compensation under acquisition terms. (Para 2 , 5 , 6)
3. dispute over lack of compensation disbursement. (Para 3 , 4)
4. final disposition of writ petition. (Para 10)

1. The report as filed on behalf of the respondent no.

2/authority is taken on record.

2. The grievance of the writ petitioner is that though the land of the writ petitioner’s predecessor-in-interest was requisitioned and substantially acquired neither the writ petitioner nor her predecessor-in-interest was awarded any compensation .

3. Mr. Mastafa, learned advocate appearing on behalf of the writ petitioner draws attention of this Court to Page Nos. 17 to 20 and 23 to 25 of the instant writ petition, being copies of two orders as passed by two separate co- ordinate Benches on earlier occasions in two separate earlier rounds of litigations. It is submitted by Mr. Mastafa that despite communication of the said two orders to the respondents/authorities, the respondents/authorities made no venture to disburse adequate compensation either to the writ petitioner or to her predecessor-in-interest.

4. Such contention is vehemently opposed by Mr.

Chatterjee, learned advocate appearing on behalf of the respondent/State.

5. In course of his submission, Mr. Chatterjee at the very outset draws attention of this Court to paragraph nos. 5 to 8 of the said report including the annexures to such report. It is submitted by Mr. Chatterjee that from the report, it would reveal that after publication of declaration under Section 6 of West Bengal Land Development and Planning Act, 1948 (hereinafter referred to as ‘the said Act of 1948), L.A. Case No. LD 14 of 1957-58 was initiated on account of acquisition of entire Plot No. 1062 of Mouza – Dakhineshwar.

6. It is further submitted by Mr. Chatterjee that from Page No. 12, being annexure R-3, it would reveal that in the said acquisition case, compensation has been declared in favour of the land looser who is the predecessor-in- interest of the present writ petitioner. It is further submitted that form the report as filed today, it would reveal that since the said Haran Kumar Chatterjee, since deceased, did not receive the compensation amount, the said compensation amount was deposited as revenue deposit and it has been further indicated in such report that the legal heirs of the original awardee, Haran Kumar Chatterjee are still at liberty to receive the compensation amount.

7. In view of the factual scenario as discussed hereinabove, this Court grants liberty to the legal heirs of late Haran Kumar Chatterjee to receive compensation from the office of the Collector, District – North 24 Parganas upon compliance of all legal formalities.

8. Liberty is given to the learned advocate on record for the writ petitioner to communicate the server copy of this order to the Collector, District – North 24 Parganas.

9. The Collector, District – North 24 Parganas is directed to act on the basis of the server copy of this order.

10. With the aforementioned observations, the instant writ petition being WPA 29136 of 2023 is disposed of.

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