IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE BEFORE:

THE HON’BLE JUSTICE HIRANMAY BHATTACHARYYA W.P.A. 17380 OF 2015 TULIKA CHOWDHURY & ORS.

VS.

STATE OF WEST BENGAL & ORS.

For the Petitioners : Mr. Amit Kumar Pan Ms. Tanusri Santra ….. advocates For the State : Mr. Chandi Charan De Mr. Tulshi Das Ray …. advocates Reserved on : 14.11.2024 Judgment on : 15.01.2025 Hiranmay Bhattacharyya, J.:-

1. Petitioners have prayed for issuance of a writ of mandamus commanding the respondents to determine and pay compensation to the petitioners upon initiating a fresh proceeding in respect the lands of the petitioner in terms of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short "the 2013 Act"). Alternatively, the petitioners have prayed for payment of occupation charges with effect from 01.04.1997 till the date of initiation of proceeding under 2013 Act or handing over possession of the land if the respondents do not intend to acquire the same.

2. A proceeding under the West Bengal Land (Requisition and Acquisition) Act, 1948 (for short "Act II of 1948") was initiated being R.A. C