Jafir Md. Khan @ Jafir Mahammad Khan & Ors. v. The State of West Bengal & Ors.
Case at a glance
Outcome
Disposed of
Accordingly, the writ petition is disposed of directing
Provisions considered
Judgment
Mr. Soumitra Bandopadhyay Mr. Subasish Bandopadhyay …for the State The petitioners submit that the plot of land owned and possessed by them was acquired by the State- respondents in LA Case No. 4/2016-17 but no notice of acquisition or award was served upon the petitioners. The petitioners submitted a representation before competent authority praying for grant of compensation in favour. Pursuant to such representation, authority issued notice of hearing to the petitioners on June 14, 2019. The petitioners complain that no further hearing has been held and the petitioners are in dark regarding the fate of the representation. Placing reliance on the report submitted by the Special Land Acquisition Officer, Birbhum, learned counsel appearing on behalf of the State-respondents submits that the land in question was acquired pursuant to notification issued under Section 3A of the National Highways Act, 1956 published in the Gazette of India on February 21, 2017 and possession of the land was taken on March 16, 2
2018. Declaration of award along with grant of compensation has been made in terms of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013. It appears that the representation submitted by the petitioners before the authority is still pending and it is not in dispute that no further step has been taken by the authority after issuance of notice of hearing on June 14,
Operative part
2019. In view of the same this Court is of the view that the authority be directed to conclude the proceeding in disposing of the representation pending before it within a stipulated period. Accordingly, the writ petition is disposed of directing the respondent no. 3 to consider the representation pending before him and conclude the hearing within a period of one month from the date of communication of this order after giving reasonable opportunity of hearing to all the affected parties including the petitioners, in accordance with law. The decision taken by the authority shall be communicated to the petitioners within a week thereafter. With the above observations and directions this writ petition being WPA No. 9681 of 2021 is disposed of. There shall be, however, no order as to costs. Since no affidavit invited, the allegations contained in the petition are deemed not to be admitted. 3 Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities. (Suvra Ghosh,J)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the writ petition is disposed of directing
Which statutory provisions did this judgment involve?
National Highways Act, 1956 — s. 3A; Land Acquisition Rehabilitation and Resettlement Act, 2013.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.