Synopsis

That the Petitioner is a senior citizen and her age is 89 years right now.
Sometimes in 2017 the Petitioner was shocked because few trespassers had
acquired her land, and after enquiry the petitioner came to know that the
Respondent No. 1 had acquired a portion of the said land (which is owned by
the Petitioner) purportedly for the purpose of construction/ development of
“Biswa Bangla” Park.
After that the Petitioner had on multiple occasions approached the Respondent
authorities seeking compensation for such acquisition by the Respondent no.
Every time , the Respondent authorities had assured the Petitioner that they
would soon commence appropriate proceedings under the laws of acquisition
and provide the suitable compensation to the Petitioner. Relying upon such
assurances, the Petitioner being an uneducated and widowed woman had not
taken any steps. However, despite such assurances by the Respondents, the
Respondents have failed to pay any amount as compensation to the Petitioner
till date .
That on 25.07.2023, the Petitioner has issued a demand notice against the
Respondents, despite such demand notice the Respondents Authorities have
not take any kind of positive steps.
Hence, this Writ Petition.
 List of Dates
In the 2017 Petitioner was shocked to witness that certain unknown person
had entered upon her land. Upon enquiring from the trespassers,
the Petitioner was shocked to discover that the Respondent No. 1
had acquired a portion of the said land (which is owned by the
Petitioner) purportedly for the purpose of construction/
development of “Biswa Bangla” Park.
In the year The Petitioner had preferred a writ being WPA No. 1574 of 2017
2017 seeking reliefs against the Respondents herein. The said Writ was
never heard on merits and was dismissed for default on 22 nd
August 2017. To the best of the Petitioner’s knowledge, no appeal
had been proceeded with.
2018-2022 The Petitioner had on multiple occasions approached the
Respondent authorities seeking compensation for such acquisition
by the Respondent no. 1. Each time, the Respondent authorities
had assured the Petitioner that they would soon commence
appropriate proceedings under the laws of acquisition and provide
suitable compensation to the Petitioner. Relying upon such
assurances, the Petitioner being an uneducated and widowed
woman had not taken any steps. However, despite such assurances
by the Respondents, the Respondents have failed to pay any
amount as compensation to the Petitioner till date.
25.07.2023 The Petitioner had thereafter made a demand notice to the
Respondent authorities, inter-alia, seeking compensation for the
Acquired Land. However, the respondent authorities had in gross
breach of law and in shocking abuse of its powers, continued to
pursue occupy and utilize the Acquired Land without paying a
single paisa to the Petitioner.
 Short List of Dates
In the 2017 Petitioner was shocked to witness that certain unknown person
had entered upon her land. Upon enquiring from the trespassers,
the Petitioner was shocked to discover that the Respondent No. 1
had acquired a portion of the said land (which is owned by the
Petitioner) purportedly for the purpose of construction/
development of “Biswa Bangla” Park.
In the year The Petitioner had preferred a writ being WPA No. 1574 of 2017
2017 seeking reliefs against the Respondents herein. The said Writ was
never heard on merits and was dismissed for default on 22 nd
August 2017. To the best of the Petitioner’s knowledge, no appeal
had been proceeded with.
2018-2022 The Petitioner had on multiple occasions approached the
Respondent authorities seeking compensation for such acquisition
by the Respondent no. 1. Each time, the Respondent authorities
had assured the Petitioner that they would soon commence
appropriate proceedings under the laws of acquisition and provide
suitable compensation to the Petitioner. Relying upon such
assurances, the Petitioner being an uneducated and widowed
woman had not taken any steps. However, despite such assurances
by the Respondents, the Respondents have failed to pay any
amount as compensation to the Petitioner till date.
25.07.2023 The Petitioner had thereafter made a demand notice to the
Respondent authorities, inter-alia, seeking compensation for the
Acquired Land. However, the respondent authorities had in gross
breach of law and in shocking abuse of its powers, continued to
pursue occupy and utilize the Acquired Land without paying a
single paisa to the Petitioner.
District – Purba Medinipur

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE

W.P.A. No. of 2024

In the matter of:
An application under Article 226 of the
Constitution of India;

-AND-
In the matter of:
Issue of appropriate Writ or Writs;

-AND-
In the matter of:
Ghyanshamala Das, daughter of Late
BankimBehari Das, residing at residing at
Bodhara, Tajpur, East Midnapur, West
Bengal-721423.
… Petitioner

-Versus-
The Government of West Bengal & Ors.
………….. Respondents

Sourjya Das
Advocate-on-record
10,Old Post Office, 4th Floor
Kolkata-700001
(M) 9088686396
Emil: sourjyadasadv@gmail.com
 District – Purba Medinipur
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE

W.P.A. No. of 2024

In the matter of:
An application under Article 226 of the
Constitution of India;

-AND-
In the matter of:
Issue of appropriate Writ or Writs;

-AND-
In the matter of:
Ghyanshamala Das, daughter of Late
Bankim Behari Das, residing at Bodhara,
Tajpur, East Midnapur, West Bengal-
721423.

… Petitioner
-Versus-
State of West Bengal &
Ors.
………….. Respondents

Index
Sl. No. Particulars of Documents Annexure Page No
1. Writ Petition

2. A photocopy of the registered Bengali Kobala P/1

Deed no.2182 in the year 1959.
3. A photocopy of the BL & LRO Parcha P/2

4. Photocopies of the acquired land P/3

5. A copy of the representation dated 25.07. 2023 P/4

Points of Law
1. Whether the Respondent authorities have failed to give the Petitioner
an opportunity of hearing with regard to compensation, measurement,
and valuation of the Acquired Land ?
2. Whether the Respondent authorities have acted contrary to the
provisions of the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013 ?
3. Whether the Petitioner had been dispossessed of her land in
completely arbitrary and whimsical manner?
4. Whether the Respondent authorities have failed to award any
compensation for the acquisition to the Petitioner ?
DISTRICT: PURBA MEDINIPUR

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE

WPA No. of 2024

In the matter of:

An application under Article 226 of
the Constitution of India;

-AND-
In the matter of:
Ghyanshamala Das, daughter of
Late BankimBehari Das, residing at
Bodhara, Tajpur, East Midnapur,
West Bengal-721423.

… Petitioner
-Versus-
1. State of West Bengal, service
through Secretary, Land & Land
Reforms, Refugee, Relief and
Rehabilitation Department, having
office at Nabanna, 6th Floor, 325,
Sarat Chatterjee Road, Mandirtala,
Shibpur, Howrah- 711102.
2. District Magistrate & Collector,
Purba Medinipur, having office at
7V8W+38J, KolaghatHaldia Road,
PO: Tamluk, Nimtouri, District:
PurbaMedinipur, West Bengal, PIN:
721636.
 3. Special Land Acquisition Collector,
Tamluk, having office at P.O. and
P.S. - Tamluk, District - Purba
Medinipur, West Bengal - 721636.
4. Biswa Bangla Marketing Corporation
Limited, a Government company
within the meaning of the
Companies Act, 2013, having its
registered office at Room No. 9,
Ground Floor, Karigori Bhawan, Plot
No. B/7, Action Area- III, New Town,
Kolkata- 700160.

… Respondents

To,
The Hon’ble Justice T.S. Sivagnanam, Chief Justice and his Companion
Justices of the said Hon’ble Court.
The humble petition on behalf of the
Petitioner abovenamed most
respectfully-

SHEWETH:
1. The Petitioner is a peace loving and law-abiding citizen of India. The
Petitioner is an 89 year old widow. The Petitioner used to be a
housewife and her only means of sustenance is her meagre income
from her lands.
2. The Respondent nos. 1 to 4 are all “State” within the meaning of
Article 12 of the Constitution of India and hence, amenable to the Writ
jurisdiction of this Hon’ble Court.
3. The Petitioner is the owner of a piece and parcel of land admeasuring
about 3.3 acres (approximately 330 decimal) more or less situated
inPlot No. 449, Mouza- Tajpur, JL No. 244, Khatian No. 13/2, Police
 Station- Mandarmani Coastal, District - Purba Medinipur, by virtue of
a registered Bengali Kobala Deed no.2182 in the year 1959.
(hereinafter referred to as the “said land”).
A photocopy of the Kobala Deed is annexed hereto and marked
as Annexure “P-1”.
4. The said land was duly mutated in favour of the Petitioner and the
Petitioner had been paying taxes for such land.
A photocopy of the BL & LRO Parcha is annexed hereto and
marked as Annexure “P-2”.
5. Since 1959 and till such time as stated hereafter, the Petitioner had
been in open, continuous and khas possession of the said land.
6. Sometime in 2017, the Petitioner was shocked to witness that certain
unknown person had entered upon the said land. Upon enquiring
from the trespassers, the Petitioner was shocked to discover from
them that the Respondent No. 1 had acquired a portion of the said
land (which is owned by the Petitioner) purportedly for the purpose of
construction/ development of “Biswa Bangla” Park.
7. The Petitioner was extremely surprised since this was the very first
time the Petitioner was hearing about acquisition of the said land by
the State Government, i.e., Respondent no. 1. Neither the Respondent
no. 1, nor any of the other Respondents, had issued any notice in
respect of such acquisition upon the Petitioner. The Petitioner states
that the Respondents had even neglected to publish any public notice
of acquisition at or near the land to be acquired (i.e., the said land
owned by the Petitioner) communicating the Government’s intention
to take possession of the land.
8. Such an acquisition made without any notice to the land owner is
mala fide, arbitrary and is wholly untenable in law. The Respondent
authorities are duty bound by the statute to ensure that the land
owner and / or land occupant is given due notice of acquisition. This
notice is to enable such land owner to appear before the acquisition
authorities and submit his objections to the acquisition. Hence, the
Petitioner has been deliberately deprived from such a valuable right
 since the Respondent authorities never published and/or issued any
notice of acquisition.
9. Without prejudice to the aforesaid, the Petitioner states that the
Respondent authorities are bound to pay solatium/ compensation to
the land looser. Moreover, the land looser (Petitioner) is entitled to
appear and be heard before the Respondent authorities, inter-alia, in
respect of the quantification and particulars of the compensation,
rehabilitation and resettlement claims and objections to the
measurements of the Acquired Land and value of the land.
10. Needless to say, the respondent authorities have failed and/or
violated all such rights of the Petitioner and had elected to
straightaway grab the Acquired Land.
11. When the Petitioner had protested, the men and officials of
Respondent no. 1 had threatened the Petitioner not to interfere with
their work otherwise, they would summon the police and forcibly oust
the Petitioner from her land. Despite repeated requests by the
Petitioner, the Respondents’ officials visiting the said land declined to
furnish any information to the Petitioner. The Petitioner had
immediately approached the Respondent no. 2; however, the
Respondent no. 2 failed and/or neglected to furnish any information
to the Petitioner.
12. While the Petitioner was running from pillar to post with regard
to the acquisition, the Respondent No. 1, duly aided by the
Respondent no. 2 and the local police, took possession of an area of
about 24 decimals from within the said land. On that very day, the
Respondent no. 4 (being an instrumentality of the Respondent no. 1)
had commenced construction activities in the acquired land.
Photographs of the acquired land are annexed herewith and
collectively marked as Annexure – P/3.
13. The Petitioner has been greatly distressed at such reckless and
arbitrary manner of acquisition by the Respondents without giving
any notice or granting any compensation. The very basis of the
acquisition (i.e., publication of notice of acquisition), as well as, the
 acquisition is in violation of the rules laid down in the existing laws of
acquisition.
14. The Petitioner had on multiple occasions approached the
Respondent authorities seeking compensation for such acquisition by
the Respondent no. 1. Each time, the Respondent authorities had
assured the Petitioner that they would soon commence appropriate
proceedings under the laws of acquisition and provide just and
suitable compensation to the Petitioner. Relying upon such
assurances, the Petitioner being an uneducated and widowed woman
had not taken any steps. However, despite such assurances by the
Respondents, the Respondents have till date failed to pay any amount
as compensation to the Petitioner.
15. The Petitioner had preferred a writ being WPA No. 1574 of 2017
seeking reliefs against the Respondents herein. The said Writ was
never heard on merits and was dismissed for default on 22 nd August,
2017. To the best of the Petitioner’s knowledge, no appeal has ever
been preferred.
16. That the Petitioner was constrained to issue demand justice
dated 25.07.2023 to the Respondents, reiterating her request for
hearing and compensation. However, the Respondent authorities
continued to maintain a stoic silence.
A copy of the representation dated 25.07.2023 is annexed
hereto and marked as Annexure “P-4”.
17. That on 27.07.2023, the petitioner was issued a letter by the
respondents to attend the office of the respondent no. 3 on
10.08.2023 along with documents. The petitioner had complied with
the same and had furnished all relevant title documents and had
submitted the same to the respondent no. 3.
A true copy of the notice dated 27.07.2023 issued by the
respondent no. 3 is annexed herewith and marked as Annexure
P-5.
18. That despite the attendance of the petitioner and submission of
all documents, the respondent no. 3 refused to pass any order with
 regard to the proceedings vide the notice dated 27.07.2023. Hence,
the petitioner was constrained to issued a demand justice on
08.02.2024 demanding a written order be passed in the proceedings of
the petitioner vide notice dated 27.07.2023 and the proceedings
conducted on 10.08.2023.
A true copy of the demand justice dated 08.02.2024 issued by
the petitioner is annexed herewith and marked as Annexure P-
6.
19. That on 24.02.2024, the respondent no. 3 issued a letter to the
petitioner stating that “it appears that the matter is related to Biswa
Bangla Marketing Corporation Ltd.” and hence, forwarded the letter to
the respondent no. 4. As on today, the respondent no. 4 has issued no
reply to the petitioner and the matter remains unattended by the
respondents.
A true copy of the letter dated 23.03.2024 is annexed herewith
and marked as Annexure P-7.
20. The Petitioner is a senior citizen whose only source of income is
through her land properties. By unlawfully grabbing a major portion
of such property and that too, without paying any compensation, the
Respondents have caused tremendous hardship to the Petitioner.
21. That notwithstanding anything stated above or hereafter, it is
the submission of the petitioner that the acquisition of the property of
the petitioner by the respondent authorities is outright illegal and in
violations of the guidelines laid down by the Hon’ble Supreme Court in
its judgment dated 16.05.2024 in Kolkata Municipal Corporation v.
Bimal Kumar Shah & Ors., Civil Appeal No. 6466 of 2024.
22. That it is the submission of the petitioner that the petitioner
was never issued any notice before the acquisition, the petitioner was
never offered a fair hearing for years till 10.08.2023, the petitioner
had submitted documents, but the judgment or a reasoned decision
has not been passed by the respondent no. 3, the petitioner has not
been compensated, the hearing has not been concluded. In every way,
the petitioner is the sufferer in this case, while the respondent no. 4
 and the state authorities are profiting out of the land of the petitioner,
which is outright illegal and unlawful and as such, the same is liable
to be checked by this Hon’ble Court.
23. The actions of the Respondents are harassive, bad in law,
smacks of arbitrariness and is liable to be quashed forthwith.
24. Being aggrieved by and dissatisfied with the actions and/or
inactions of the Respondent authorities, your Petitioner beg to move
this Hon’ble Court on the following amongst others: -

GROUNDS

I. FOR THAT the Respondent authorities have acted contrary to

the provisions of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013.
II. FOR THAT the acquisition of the property of the petitioner by
the respondent authorities is outright illegal and in violations
of the guidelines laid down by the Hon’ble Supreme Court in its
judgment dated 16.05.2024 in Kolkata Municipal Corporation
v. Bimal Kumar Shah & Ors., Civil Appeal No. 6466 of 2024.
III. FOR THAT the Respondent authorities have failed to give notice
of the acquisition to the Petitioner.
IV. FOR THAT the Respondent authorities have failed to award any
compensation for the acquisition to the Petitioner.
V. FOR THAT the Petitioner had been dispossessed of her land in
completely arbitrary and whimsical manner.
VI. FOR THAT in acquisition proceedings, there is no question of
“come and get” the compensation while compulsorily acquiring
the land; the approach required under law is “go and give”.
However, the Respondents had acted in complete
contravention.
VII. FOR THAT it was incumbent upon the Respondent authorities
to determine the valuation of the Acquired Land in question in
accordance with law and upon giving due notice to the
Petitioner.
VIII. FOR THAT the respondent authorities failed to give the
Petitioner an opportunity of hearing with regard to
compensation, measurement, and valuation of the Acquired
Land.
IX. For that the Respondents has committed gross wrong in
acquiring the Petitioner’s Land inasmuch as the entire action is
violative of principles of natural justice.
X. For that the respondent authorities have arbitrarily,
whimsically, mechanically and without any proper application
of mind proposed the annual valuation of the premises in
question.
XI. For that actions and/or inactions of the respondent authorities
are in violation of the principles of natural justice.
XII. For that the respondent authorities have caused tremendous
harassment and suffering to the petitioner by pursuing
assessment proceedings against the petitioner without any
reasons.
XIII. For that the aforesaid acts and conduct on part of the
respondent authorities are unlawful and whimsical and
colourable exercise of their powers and are liable to be struck
down under Article 226 of the Constitution of India.
XIV. For that the acts and conducts of the respondent authorities is
otherwise bad in law, unsustainable and liable to be struck
down by an order of this Hon’ble Court.
XV. For that the respondent authorities has acted arbitrarily, in
mala fide manner and with a malicious intent.
XVI. For that the actions and/or inactions on part of the respondent
authorities are aforesaid bad in law and liable to be struck
down by an order of this Hon’ble Court.
25. The Petitioner states that there is no other alternative,
efficacious remedy other than moving the instant petition under
Article 226 of the Constitution of India before this Hon’ble Court and
the reliefs as prayed for, if granted, would afford adequate justice.
26. The Respondent authorities have deliberately failed and/or
refused to initiate proceedings for grant of award to the Petitioner
since 2017 in spite of multiple requests by the Petitioner and as such
any further demand for justice will be nothing but futile exercise.
27. The Respondent authorities are situated within the jurisdiction
of this Hon’ble Court and hence this Hon’ble Court has jurisdiction to
entertain this Writ.
28. Your petitioner submits that the balance of convenience and/or
inconvenience are lies overwhelmingly in favour of the orders being
passed as prayed for herein.
29. Unless orders are being passed as prayed for herein, the
petitioner will suffer irreparable loss, injury, and prejudice.
30. Your petitioner states that this application is bona-fide and
made in the interest of justice.

Under the aforesaid facts and

circumstances of this case, your
Petitioner most humbly pray before
this Hon’ble Court for the following
orders :-
a) Issue a writ and/or of in the nature
of Certiorari quashing the
acquisition proceedings initiated by
the Respondent authorities in
respect of land described in
Schedule “B” and put the Petitioner
back in possession therein;
b) Alternatively, issue a writ and/or of
in the nature of Mandamus and/or
 any other nature commanding the
respondent authorities to grant to
the Petitioner an effective
opportunity of hearing before the
appropriate Respondent authorities
and pass an award after objectively
considering the Petitioner’s
submissions;
c) Issue a writ and/or of in the nature
of Mandamus and/or any other
commanding the Respondent
authorities to pass an award
granting appropriate and suitable
compensation to the Petitioner;
d) A writ in the nature of Certiorari to
produce all the documents
pertaining to the case which are
lying at the office of the respondent
authorities;
e) Issue Rule NISI in terms of prayers
above.
f) Ad interim order in terms of prayers
above;
g) Pass such further and/or other
order or orders and/or direction or
directions as this Hon’ble Court
may deem fit and proper.

And for this act of kindness, your Petitioner as in duty bound shall ever
pray.
 AFFIDAVIT

I, Ghanashyamla Das daughter of Late Bankim Bihari Das, aged about 89

years by faith – Hindu, by occupation- Senior Citizen, residing at Bodhara,
Tajpur, East Midnapur, West Bengal - 721423, solemnly state and affirm as
follows:

1. That I am the petitioner in this case and as such am well

acquainted with the facts and circumstances of the above case.
2. That the statements made in paragraphs 1 to are true
to my knowledge and rests are my humble submissions before
this Hon’ble Court.

Prepared in my Office

and I Certify that all annexure

are legible The deponent is known to me

Advocate

Advocate

Solemnly affirmed before me on

this day of , 2024.

Commissioner
DISTRICT: Purba Medinipur

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W.P.A. No. of 2024
In the matter of:
An application under Article 226 of the
Constitution of India;

And

In the matter of:

Ghyanshamala Das
.… Petitioner
-Versus-
The State of West Bengal & Ors.
…. Respondents

Writ Petition

Sourjya Das
Advocate-on-Record
10, Old Post Office Street,
Kolkata-700001
(M) 9088686396
Email: sourjyadasadv@gmail.com