GOBINDA PRASAD DAS & ORS. Vs. STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2018-8-313
HIGH COURT OF CALCUTTA
Decided on August 03,2018

Gobinda Prasad Das And Ors. Appellant
VERSUS
STATE OF WEST BENGAL AND ORS. Respondents

JUDGEMENT

SHAMPA SARKAR,J. - (1.) Despite service of notice even on the earlier occasion, none appeared on behalf of the respondents.
(2.) The learned Advocate for the petitioners was directed to serve notice upon the respondents and he has filed the affidavit of service showing service of notice upon them as per the earlier direction of this Court.
(3.) The writ petitioners are aggrieved by the inaction on the part of the respondent Nos.2 to 8 for not taking immediate steps in terms of their representation dated January 29, 2015. According to the writ petitioners, although the lands were acquired for the Kaliaghai-Kapaleswari-Baghai Basin Drainage Scheme through L.A. Case No.10 of 2012-2013 but, the lands belonging to the petitioners were kept out of the said Project. However, the respondent authorities did not release the said lands. According to the petitioners, they are still in possession of the said lands and the said lands have not been utilized for the said Project. The said lands, however, have not been derequisitioned and released in their favour. The petitioners relied on an enquiry report filed by the Block Development Officer, Sabang, annexed to the affidavit-in-opposition filed by the respondents, wherein it has been stated that the houses of some of the petitioners were partly damaged by earth from the river-bed. According to the petitioners, the said earth was dumped on their lands by the contractors of the Project and the same has caused damage and hardship to them. The petitioners pray that the lands may be released in their favour, as the same have not yet been utilized for the said Project and that if it is found that there have been some damage during the execution of the Project, then they should be adequately compensated.;


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