ANIMA SEN Vs. STATE OF WEST BENGAL
LAWS(CAL)-2019-12-114
HIGH COURT OF CALCUTTA
Decided on December 23,2019

Anima Sen Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

SUBRATA TALUKDAR,J. - (1.)Under challenge in this writ petition is the failure on the part of the State-Respondent Authorities, particularly the Acquiring Authority (for short the AA) and the Requiring Authority (for short the RA), to pay compensation to the petitioners against the land acquired for the purpose of constructing a public road.
(2.)The petitioners, represented by Mr. Bera, Learned Counsel, submit that Plot Nos. (Sabek) 135, 136, 422, 149 and 406 (for short the said Plots) of Mouza Kishornagar, J.L. No. 265, P.S. Contai, District : Purba Medinipur originally belonged to their common predecessor in-interest as bequeathed to his sons by a Will dated 20.01.1955. The Will was duly probated.
(3.)It is submitted by the petitioners that ignoring the option exercised by them expressing their intention to retain the said Plots falling within the exception of Section 6 of the West Bengal Estates Acquisition Act, 1953 (for short the 1953 Act), the State Respondents vested the said lands in their favour.


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