EJAJUL HAQUE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against an order dated 23rd August, 2017 by which the writ application was dismissed on merits.

(2.) The genesis of the dispute is with regard to an unacquired portion of the land situated near the bank of river Ganga. The writ petitioners initially made a representation before the appropriate authority for acquiring the entirety of the dwelling house and not a portion of its, which they are entitled to do under Section 49(1) of the West Bengal Land Acquisition Act, 1894.

(3.) During the pendency of the proceeding, the unacquired portion of the dwelling house has been eroded by the river in 2002. On humanitarian and sympathetic consideration the Principal Secretary, Land and Land Reforms Department, on 23rd November, 2009 requested the Collector to prepare an estimate providing solatiun to the writ petitioners as he deems fit with intimation to R.B. for placement of additional requisite fund following the department's Memo No. 5216-LA dated 16th May, 1997 and Rule 49(1) of the Land Acquisition Manual, 1991.