PABITRA KUMAR DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By this writ petition, the petitioner prays for cancellation of assessment of compensation made in respect of 6.25 acres of land of Mouza- Natagarh, J.L.NO. 15, P.S.- Khardha (now, P.S.-Ghola), District- North 24 Parganas in Case no. LD-5 of 1949-50 in terms of the Land Development and Planning Act, 1948 (in short, the Act of 1948) and a direction upon the concerned respondents to make such assessment in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ( in short, the Act of 2013).

(2.) This case has a chequered history. However, the capsulated form of the facts as unfurled in the writ petition are that one Sujay Krishna and Bijoy Krishna Dutta happened to be recorded owners of the certain plots of land (as referred in paragraph-2 of the writ petition) appertaining to Mouza- Natagarh, J.L. no. 15, Sheet no. 4(Map), R.S. no. 109, P.S. 'Ghola (formerly known as P.S.- Khardah) of the then District-24 Parganas, now North 24 Parganas (hereinafter referred to as the subject lands). By way of inheritance, the petitioner nos. 1 to 8 jointly became the owners of eight anna share (1/2 share) whereas the petitioner no. 9 inherited four anna share (1/4th share) and by way of testamentary disposition, the petitioner nos. 10 and 11 jointly became the owners of 1/4th share of the subject lands.

(3.) During 1948-49, the Refugee Rehabilitation Directorate, Government of West Bengal allowed umpteen numbers of refugees migrated from the then East Pakisthan (now, Bangladesh) to occupy the a large tract of lands comprising several plots of lands including the petitioners' lands situated in Mouzas namely, Natagarh, Sodepur and Ghola under the then P.S. 'Khardah (now, P.S. Ghola) of the then District-24 Pargranas(now, North 24 Parganas) without initiating any acquisition proceedings. Subsequent thereto, those lands were settled to the refugees.