ABDUL KARIM MOHAMMAD Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Factual aspect of the matter is not in dispute. The petitioner was a raiyat in respect of certain plots of land being R.S. Plot No. 802/832,802/833,802/835 corresponding to L.R. Plot No. 892, 891,893,894, area 66 decimal, Khatian No. 258, L.R. Khatian No. 207 of Mouza Kastala, P.S. Sagar, district South 24 Parganas. Sometimes in the year 2005 the aforesaid land of the petitioner was temporarily taken by the State Government before Ganga Sagar Mela for construction of a new bus stand at village Kachuberia.

(2.) The petitioner was aggrieved by the decision that his land is sought to be acquired and / or requisitioned by the concerned authority for the purpose of constructing a bus stand without taking due course of law under the Land Acquisition Act, 1894. He made a representation on 13/12/2004 to the Sub-Divisional Officer, Kakdwip, South 24 Parganas raising his objection but the authority concern did not take any action in spite of his representation which prompted him to file a writ petition before this Court being W.P. No. 21027 (W) of 2004. The said writ petition was disposed of on 18/1/2005 directing the concerned authority to hear the petitioner's representation after giving reasonable opportunity of hearing and dispose of the same by passing a reasoned order within a period of six weeks from the date of communication of the said order.

(3.) As per the order passed in the above mentioned writ petition the dispute between the petitioner and the State Government and his representation dtd. 13/12/2004 were taken up for consideration by the District Magistrate, South 24 Parganas. He was given opportunity of being heard and the District Magistrate, South 24 Parganas passed the following order dtd. 11/2/2005.