ABUSALAM SEKH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The prayers in the writ petition are as hereunder:-

(2.) The petitioner claims to be the absolute owner of plot no. 2576 in mouza-Galigram, J.L. No. 54, L.R. khatian no. 2452, P.S:- Galsi, District:- Purba Bardhaman measuring about 0.03 decimals by virtue of purchase from one Dilraj Sekh by deed executed on 25/11/2020.

(3.) Learned counsel for the petitioner has submitted that on 26/6/2020 the National Highways Authority of India, (hereinafter referred to as the NHAI) issued a notification under Sec. 3A (1) of The National Highways Act, 1956 declaring its intention to acquire certain plots of land in several mouzas including the petitioner's land in plot nos. 2575 and 2576. By an order passed on 28/1/2021, the Block Land and Land Reforms Officer, (for short, B.L. and L.R.O.) Galsi-I declared that the plots were not vested and were owned by the petitioner following which they were recorded in his name. The said authority issued a notice to the Project Director, NHAI on 16/8/2021 for re-survey/re-measurement of the commercial structure in plot nos. 2575 and 2576. On 13/1/2023 the NHAI Authority issued a letter to the petitioner requesting him to remove the structure from the acquired land in plot nos. 2575 and 2576 without granting fair and adequate compensation for such acquisition. A further notice was issued by the authority upon the petitioner on 29/8/2024, asking him to vacate the land within fifteen days of receipt of the notice.