HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI

25.07.2025 Court No. 02 Item No. 28 (Suvendu W.P.A. 2592 of 2024 Asha Gope & Ors.

-Versus-

The State of West Bengal & Ors.

Mr. Subhasish Misra Mr. Satyajit Paul …for the petitioners Mr. Subir Kumar Saha Mr. Nabankur Paul ….for the State respondents Ms. Supriya Singh ……for the NHAI Ms. Suman Sehanabis Mr. Tathagata Biswas ….for the private respondent no. 8

1) A report is filed in the form of affidavit on behalf of Special Land Acquisition officer, Alipurduar being respondent no. 3 and same is taken on record.

2) Three sisters being petitioners have approached this Court with the present writ petition for disbursement of compensation for acquisition of land of their father. It is submitted that in terms of relevant provisions of the National Highways Act, 1956 (for short, “Act of 1956”) land was acquired for construction of road and compensation amount was allotted to the competent authority under the said Act of 1956 as contemplated under Section 3H(1).

3) Dispute arises relating to disbursement of compensation in favour of the petitioners and respondent no. 8 being the step-mother of the petitioners. Prayer is made for release of compensation amount.

4) Reliance is placed on the Legal Heir Certificate dated 24^th May, 2024 issued by the Chairman, Falakata Municipality, Alipurduar wherein three petitioners have been described as daughters of the original land owner. Said Legal Heir Certificate dated 24^th May, 2024 also discloses that respondent no. 8 is wife of the original owner.

5) Respondent no. 8 is represented by learned advocate who disputes entitlement of the petitioners to receive compensation amount.

6) State respondents are also represented by learned Additional Government Pleader who has drawn notice of this court to the documents at pages 13 and 14 of the report and it is submitted that both the documents are identical but respondent no. 8 has made an attempt to interpolate said document dated 24^th May, 2024 in order to project that she is only claimant against compensation. According to State respondents, such mala fide conduct of respondent no. 8 goes long way to show that respondent no. 8 is bent upon to deprive her step-daughters of compensation.

7) Having considered respective submissions made on behalf of the parties, this Court finds it apt to direct respondent no.3, who is competent authority under Section 3H(3) of the said Act of 1956, to determine the persons being entitled to receive the amount payable towards compensation. Respondent no. 3 is directed to take such decision after granting opportunity of hearing to the petitioners and respondent no. 8 or their representatives and pass a reasoned order by four weeks from the date of communication of this order and same shall be communicated to the parties by fortnight thereafter. At the time of making deliberations, petitioners as well as respondent no. 8 shall be at liberty to rely upon relevant documents in support of their claim.

8) Writ petition stands disposed of.

9) Urgent photostat certified copy of this order, if applied, be given to the parties on usual undertaking.

(Saugata Bhattacharyya, J.)