GOPAL KRISHNA DAS ADHIKARY Vs. THE STATE OF WEST BENGAL AND OTHERS
LAWS(CAL)-2006-6-62
HIGH COURT OF CALCUTTA
Decided on June 05,2006

Gopal Krishna Das Adhikary Appellant
VERSUS
The State Of West Bengal And Others Respondents

JUDGEMENT

Jayanta Kumar Biswas, J. - (1.) The writ petitioner alleges that the respondents did not pay interest according to provisions in Section 33 of the West Bengal Industrial Infrastructural Development Corporation Act, 1974, though he was entitled to get interest, since the amount of compensation had not been paid or deposited before taking possession of his land
(2.) The acquisition proceedings were initiated by issuing and serving notice in terms of provisions of Section 27 of the above-noted Act. They were initiated for the benefit of Haldia Development Authority (represented by the fifth respondent) the collector made the award on April 10th, 1997. Possession of the land was taken by the respondents on May 8th, 1998. Praying for orders directing the respondents to pay the amount of compensation and interest in terms of provisions in Section 33 of the above-noted Act, he moved this Court by filing writ petition no 1628 (w) of 2003. By an order dated March 17th, 2003 that writ petition was disposed of directing the collector to examine the question whether possession of the land had been taken without making payment of compensation.
(3.) Thereafter the collector paid the amount of compensation to the petitioner in two installments. The payments were made on May 23rd, 2003 and July 6th, 2005. In all a sum of Rs. 3,22,041/- was paid to the petitioner. No interest in terms of Section 33 was paid. The petitioner initiated contempt proceedings. Such proceedings were disposed of giving him liberty to initiate original proceedings regarding his claim for interest in terms of provisions in Section 33. This is how the present writ petition has come to be filed.;


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