STATE OF WEST BENGAL Vs. GOUTAM BHUNIA

JUDGEMENT

(1.) The judgment and order dtd. 29/9/2022 passed by a learned Single Bench of this Court disposing of W.P.A. No. 15849 of 2018 is assailed in this appeal.

(2.) By passing the impugned order, learned Single Bench directed the District Magistrate, Paschim Medinipur to take necessary steps for payment of compensation to the writ petitioners at the present market rate within 3 months from the date of communication of that order. Being aggrieved by and dissatisfied with the said order the State of West Bengal and its concerned officers have preferred this appeal.

(3.) It is not in dispute that the State Government had vested 13.75 acres of land of the writ petitioners under the provision of the West Bengal Estates Acquisition Act. Thereafter the State Government distributed 'Pattas' amongst the landless persons/ tribal families who were in occupation of portions of the said land. The order of vesting was set aside by an order passed by the Appellate Authority. But the names of the writ petitioners were not incorporated in the record of rights by the concerned revenue Authority. The matter travelled to this Court and a learned Single Bench by passing an order dtd. 8/10/1996 in C.O. 15907(W) of 1996 directed that the vesting order having been set aside, all settlements/ 'Pattas' granted over the land of the writ petitioners should be annulled and the land should be returned to the owners/writ petitioners. A further attempt by the State authorities to vest the land of the writ petitioners was again set aside by a Division Bench of this Court on 21/2/2005 in connection with W.P.L.R.T 982 of 2002 whereby two orders, being an order dtd. 12/12/2001 passed by the West Bengal Land Reforms Act and Tenancy Tribunal in O.A. 2377 of 2011 (LRTT) and an order dtd. 2/8/2002 passed by the said Tribunal in Misc. Case No. 86 of 2000 arising out of the said original application were set aside. The order passed by the Division Bench of this Court was assailed before the Hon'ble Apex Court but the said order was affirmed by the Apex Court. In compliance with the order of the Division Bench of this Court dtd. 21/2/2005, the record of rights was corrected in the names of the writ petitioners/respondents and corrected record of rights was issued in the year 2011. However, the State Government failed to hand over vacant possession of the land to the writ petitioners. As such the writ petitioners made representations with a prayer for returning the land, before different Authorities.