RANJAN BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The prayers of the petitioners are hereunder:-

(2.) It is contended on behalf of the petitioners that the petitioners are recorded owners of the plots in question situated in Mouza - Patharpratima, J.L. No. 213, Police Station - Patharpratima (at present Gobardhanpur Costal), District-South 24 Parganas. The plots were acquired by the State Government for the purpose of reconstruction of Aila affected Sundarban embankment vide LA Case No. 4/6 of 2012-13 and possession of the land was taken over on 12/7/2012 upon invoking Sec. 17 of the Land Acquisition Act, 1894. Notice under Sec. 4 of the Act was published on 12/7/2012. Declaration under Sec. 6 of the Act was published on 27/12/2012. No compensation was paid to the petitioners despite making several visits to the office of the respondents and on 27/9/2020 the petitioners learnt that award was declared way back on 12/12/2013. The petitioners made a representation before the Special Land Acquisition Officer on 5/10/2020 for disbursement of compensation and were called for a hearing by the Additional Land Acquisition Officer on 15/10/2020. No further communication was made to the petitioners by the State respondents for which the petitioners were constrained to approach this Court in a writ petition being W.P.A. No. 20853 of 2021. By an order passed on 4/12/2022 this Court directed the concerned authority to consider and dispose of the representation submitted by the petitioners within a period of two months from the date of communication of the order after affording reasonable opportunity of hearing to all the interested parties including the petitioners, in accordance with law. Pursuant to the said direction, the concerned authority, being the Special Land Acquisition Officer, South 24 Parganas, Alipore, took up the matter for hearing and by an order passed on 10/3/2022, disposed of the representation with a direction that the award declared against the suit plots as claimed by the petitioners marked as 'Non-Verified Award ' are to be deposited in the Court of Learned Special LA Judge, Alipore, under Sec. 30 read with Sec. 31 of the LA Act I of 1894 for further adjudication of the matter. The said order is assailed in the writ petition.

(3.) It is submitted on behalf of the petitioners that in terms of the memo issued by the Special Land Acquisition Officer on 3/3/2022 requesting the petitioners along with their learned counsel to remain present at the hearing on 10/3/2022 the petitioners through their learned counsel appeared before the authority and placed their submission along with copies of relevant documents in support of their claim. But it has been recorded in the order impugned that in spite of receiving notices, the awardees did not turn up during the hearing. The concept of 'Non-Verified Award ' is unknown to law and the order demonstrates that the award was verified and the petitioners were held entitled to get the compensation amount. The petitioners plead violation of the principles of natural justice due to such observation made by the authority in the order impugned.