STATE OF WEST BENGAL Vs. ANUP KUMAR MONDAL

JUDGEMENT

(1.) The respondents/writ petitioners' challenge in this appeal is twofold, predominantly that the Ld. First Court should not have directed the State to consider afresh any proposal of "direct purchase' of their land as there is no scope for it to do so having the land acquisition case now been ended into declaration of award and elementarily that the compensation assessed and the notice of payment of compensation issued by the State on 8/2/2016, is wholly erroneous and liable to be set aside, having not taken into its fold the provisions of Sec. 25 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ( 2013 Act).

(2.) The appeal has however, been preferred by the State, challenging the order of Ld. First Court dtd. 7/10/2021. Let us first go through the impugned order.

(3.) The Court records the writ petitioners/respondents' case to have arisen out of their grievance that the State Authorities acquired and utilized the plot of land owned by them for the purpose of construction of a road but no compensation for the same has been granted to the petitioners. A notification is referred to, i.e, Notification No.756-I.P/IA-03/14(Pt-II) dtd. 25/2/2016. Court records that in view of the said notification, the writ petitioners/respondents are agreeable to the proposal of the State for "direct purchase' of the land, in terms of the said notification.