ALOKA MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The order passed by the Special Land Acquisition Officer, Paschim Bardhaman, on 2/5/2023 is assailed in the writ petition.

(2.) The writ petition has a chequered history.

(3.) The writ petitioners claim to have acquired right, title, interest and possession of the plots in question along with the proforma respondent and submit that portion of the plots measuring about 9.62 acres was acquired by the State for the purpose of construction of National Highway-2 through Asansol town by a proceeding being L.A. Case No. 5R of 1965-66 and compensation was paid in lieu of the same to the predecessors-in-interest of the writ petitioners and the proforma defendant. By subsequent acquisition cases being L.A. Case No. 88R of 1965-66 and No. 39R of 1970-71 initiated under the West Bengal Land (Requisition and Acquisition) Act, 1948, an area of about 0.97 acres and 522 acres was acquired and compensation paid to the predecessors-in-interest. Land measuring 84.19 acres was forcibly taken over from the petitioners without initiating any proceeding for the purpose of construction of flyover connecting National Highway-2 and GT Road within Mouza Asansol without paying any compensation to the petitioners for the same. The construction has been completed. Several writ petitions were filed by the petitioners before this Court claiming compensation and despite directions of this Court, the respondent authorities turned down the prayers of the petitioners each time. Finally by an order passed on 11/1/2023 in WPA 19050 of 2019, this Court directed the concerned authority to revisit the case of the petitioners as made out in the representation submitted by them and pass a reasoned and speaking order within a stipulated timeframe upon affording reasonable opportunity of hearing to all the interested persons including the petitioners. Pursuant to the said order, the order impugned was passed rejecting the claim of the petitioners.