ARINDAM MUKHERJEE,J. - (1.) The appeal is at the instance of the writ petitioner wherein he has challenged the order dated 11th September, 2017 by which the writ petition being W.P. 6425(W) of 2017 (Dilip Kumar Dutta v. State of West Bengal and Ors.) was dismissed.
(2.) The appellant/writ petitioner says that his father Bimal Dutta (also referred to as Bimal Kumar Dutta), since deceased was originally the owner of R.S plot no. 7510 corresponding to L.R plot no.8347, Khatian no. 11891 under P.S Kaligunj, Mouza Debagram 60 within District Nadia, West Bengal (hereinafter referred to as the said plot of land). According to the appellant/writ petitioner, a portion of the said plot of land is vacant and the rest has structures. The said plot of land with structure was partly owned by the appellant/writ petitioner and the balance by his brother Pradip Kumar Dutta prior to acquisition as stated hereinafter. The record of rights relied upon by the appellant/writ petitioner shows that the said plot of land measures about 0.15 acre, out of which 0.054 acres of land with structure has been acquired vide L.A case no. 9A/NH/10-11 by the State authorities at the instance of the National Highway Authority of India for widening of NH-34. He further states that compensation has been awarded to him as Awardee No.611 and to his brother Pradip Kumar Dutta as Awardee No. 610.
(3.) The dispute, according to the appellant/writ petitioner, arose when the Special Land Acquisition Officer, Nadia and thereafter, the Competent Authority Land Acquisition, under N. H. Act, 1956 and Additional District Magistrate (LA), Nadia proceeded to award compensation for the structure on the said plot of land. It is the case of the appellant/writ petitioner that notice for hearing dated 3rd October, 2016 was issued by the Special Land Acquisition Officer, Nadia, to the appellant/writ petitioner, his brother Pradip Kumar Dutta as also to one Sujit Kumar Dutta, son of Late Nanigopal Dutta. Pursuant to the hearing, by a memo dated 27th February, 2017, the Competent Authority Land Acquisition, under N.H. Act, 1956 and Additional District Magistrate (L.A), Nadia informed the appellant/writ petitioner that by a registered deed no.4011 dated 12th December, 1990, Sujit Kumar Dutta, acquired a plot of land which was vacant and on enquiry it revealed that he(Sujit Kumar Dutta) thereafter had made construction on such vacant plot. Thus, Sujit Kumar Dutta is entitled to get compensation for the structure value that stood in the acquired plot of land. There being no restraint order against payment of structure valuation of plot no.7510, the said Competent Authority found no justification to withhold the payment to be made to Sujit Kumar Dutta at the instance of the appellant/writ petitioner. This memo dated 27th February, 2017 was under challenge in the writ petition.;