|
[1] This present writ petition is filed by the petitioner tea estate claiming that the petitioner is the owner of the land and also is having title. In view of the acquisition made by the respondents, the petitioner sought for compensation and the matter was pending with the arbitrator and since, the same was not decided by the competent authority, the petitioner is before this Court.
[2] When the case is called Mr. DJ Saha, learned counsel representing Mr. BN Majumder, learned senior counsel appearing for the petitioner prays that the petitioner side wants to withdraw the case with liberty available under law. Mr. SM Chakraborty, learned Advocate General appearing for the respondents-State submits that the respondents have no objection with the same.
[3] It is pertinent to observe that invariably in all matters relating to land acquisition, this Court has consistently following that in the event, if any person claiming to be the owner of the acquired land needs to satisfy the competent authority or the court of law while claiming the adequate compensation under the act by duly establishing the title of property with relevant title deed documents as recognized under law. It is hardly necessary to observe that revenue entries or khatians, by themselves, do not confer title to ownership.
[4] However, in view of the submission made by both the parties, this instant writ petition stands dismissed for non prosecution with liberty available under law. It is also made clear that all the legal and factual objections that can be raised by the respondents in future lis is kept open.
[5] As a sequel, miscellaneous applications, pending if any, shall stand closed.
|