SECRETARY, IRRIGATION AND WATERWAYS DEPARTMENT, GOVERNMENT OF WEST BENGAL & ORS Vs. SRINANDA BAISHNAB & ORS

JUDGEMENT

(1.) This is an application filed under Article 226 of the Constitution of India assailing a final order dated October 24, 2017 passed by the West Bengal Administrative Tribunal in the original application by the judgment impugned. By virtue of the impugned order the learned Tribunal arrived at a conclusion that the claim of the respondent nos.1 to 23 were insulated with an order of the learned Tribunal passed in the matter of Tarapada Roy & 28 Ors. vs. The State of W.B. & Ors., dated December 13, 2012 falling within the ratio of the decision dated September 2, 2009 of the learned Tribunal in the matter of A.C. Roy & Ors. vs. State of West Bengal & Ors. The learned Tribunal further directed the petitioners to take necessary steps within the period specified in the impugned final order.

(2.) The issue raised before the learned Tribunal by the respondent nos.1 to 23 was that the homestead lands owned and possessed either by themselves or by their predecessors were the source of their livelihood. Those lands were acquired by the instrumentality of State for construction of Tista Barrage. They claimed employment under the petitioners authority on the basis of a scheme framed in 1997 by the State Government for acquisition of their lands.

(3.) The petitioners filed an original application before the learned Tribunal in the matter of Tarapada Roy & 28 Ors. vs. The State of W.B. & Ors (In re:- O.A. No.969 of 2012). It was disposed of on December 13, 2012 with the following directions:-