Form No. J.(2)

Item No. 13

AB

In the High Court at Calcutta

Special Civil Jurisdiction

Appellate Side

Present:

The Hon’ble Justice Aniruddha Roy

C.P.A.N. 1255 of 2025

in

W.P.A. 17972 of 2024

Ratna Kundu & Ors.

Vs.

Mr. Sharad Kumar Dwivedi,

Land Acquisition Officer, North 24 Parganas

For the petitioners : Mr. Subhabrata Datta, Advocate

Mr. Swapan Kar, Advocate

For the contemnor : Mr. Susovan Sengupta, Ld. Sr. Govt. Adv.

Mr. Subir Pal, Advocate

Heard on : November 14, 2025 Judgment on : : Nov ember 14, 2025

Aniruddha Roy, J.

This is a contempt proceeding arising from an order dated December

9, 2024, annexure A at page 19 to the contempt application. The relevant observation and direction of this Court from the said order dated December

9, 2024 is quoted below:

“The sole grievance of the petitioners is that, since the quantum of compensation have not been enhanced by the jurisdictional Civil Court the petitioners have initiated proceeding under Section 28A of the Land

Acquisition Act, 1894 and the same is still pending before the respondent no.3.

In view of the above, the respondent no.3 is directed to dispose of the said application of the petitioner, Annexure-P1 at page 11 to the writ petition by passing a reasoned order, in accordance with law positively within a period of six months from the date of communication of this order.

It is made clear that this Court has not gone into the merits of the claim of the petitioners made in the said application filed by the petitioners under Section 28A of the Land Acquisition Act, 1894 and the jurisdictional authority shall decide the same independently in accordance with law.

Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

With the above observations and directions, this writ petition, WPA 17972 of 2024 stands disposed of, without any order as to costs.”

Pursuant to and in terms of the said direction, the alleged contemnor has passed its reasoned order dated January 14, 2025 with the following finding:

“In view of above findings it is evident that the subject land of the writ petitioners is covered by the same notification u/s 4(1a) of Act-II, 1948 in LA case LA-II/22 of 1988-89, as of case no. LRA 62/2001 and 63/2001 (v). The claim of the petitioners u/s 28A of Act-I, 1894 claiming redetermination of compensation u/s 28A as per order of enhancement of compensation passed by the Ld. L.A. Judge in L.R.A. Case No. 62 of 2001 and 63 of 2001 passed on 31.08.2017 has merit.

In view of above, it may be held that the petitioners claim satisfies the condition viz. filing of petition within prescribed time and the land under claim is also covered by the same notification u/s 4(1A) of West Bengal land (Requisition and Acquisition) Act, 1948 but the criteria as to whether the awardee being predecessor in interest was aggrieved upon the compensation paid by the Collector. The record shows that the compensation was received without any protest which may be considered that the amount of compensation determined by the Collector in LA Case was admitted by him. However, considering the object of introducing section 28A, the prayer for redetermination of compensation as enhanced by the Ld. L.A. Judge may be allowed. I hold so.

Hence, ordered that redetermination of compensation of the applicant being the legal heirs of the original awardee may be made in respect of components of compensation as indicated hereinabove as per enhanced compensation passed by the Ld. L.A. Judge in LRA Case No. 62 and 63 of 2001.

Before parting with the case it is worth mentioning that the claim of redetermination u/s 28A is on 8^th November, 2017 and the direction of the Hon’ble High Court is on

09.12.2024 and is thus complied with.

The Deputy Director, WBLRS and Land Acquisition Officer, North 24 Parganas is directed to prepare the award in terms of this order in due course.

And the case is thus disposed of.

Certified copy of the order, if applied for, be provided as per pre