DULAL CHANDRA ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner has approached this Court under Article 226 of the Constitution of India ventilating his grievance for non-payment of compensation against acquisition of land by respondent Nos.3,4,5 and 6. It is submitted by the learned Advocate for the petitioner that final decision regarding payment of compensation shall be taken by respondent No.6.

(2.) Be that as it may, it is the grievance of the petitioner that the petitioner was the owner of a piece of land measuring about 0.03 acres situated in Mouza-Talliguri, being Khatian No.1399 under the jurisdiction of Kotowali Police Station in the District of Coochbehar. In the year 2004, Government decided to acquire certain portion of land owned by the petitioner for the project of construction of railway line from New Maynaguri to Jogighopa in the District of Coochbehar. On 19/11/2009, it was declared by the Government under Sec. 6 of the Land Acquisition Act that the land of the petitioner along with the other land holders was to be acquired. The petitioner has specifically stated the plot numbers and area of the land which has been acquired by the competent authority. However, the respondent authority has not taken any decision with regard to payment of compensation as yet in spite of repeated representations being made by the petitioner. It is submitted by the learned Government Pleader that the respondent authority is to be given opportunity to consider whether the land in question was actually acquired or not and whether the petitioner entitled to get compensation against acquisition of land. In view of such circumstances, the instant writ petition is disposed of directing the respondent No.6 to consider the instant writ petition as a representation made by the petitioner and to ascertain as to whether the land has been acquired or not.

(3.) If the land of the petitioner as mentioned in the writ petition is acquired, the respondent No.6 shall compute the amount of compensation with up to date interest which the petitioner is entitled to get and thereafter, take necessary step for payment of such compensation amount in favour of the petitioner.