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2011 Supreme(SC) 841

MARKANDEY KATJU, R.V.RAVEENDRAN
Kolkata Metropolitan Development Authority – Appellant
Versus
Gobinda Chandra Maka – Respondent


Advocates Appeared:
For the Appearing Parties:Pradeep Ghosh, Shati Bhushan, Ranjit Kumar Sr. Advocates, Ms. Anindita Gupta, Rajesh Srivastava, Raghavendra Pratap Singh, Dhru Mehta, Debasis Guin, B.P. Yadav, Mrs. Sarla Chandra, H.K. Puri, S.K. Puri, V.M. Chauhan Mrs. Priya Puri, Advocates.

Judgment :-

R.V. RAVEENDRAN, J.

These appeals by the Kolkata Metropolitan Development Authority (for short KMDA) and the State of West Bengal (`State' for short) relate to determination of compensation for acquisitio of the following three lands for East Calcutta Area Development Project, falling under Mouza Madurdaha, (JL No.12), District 24 Parganas (South) within the limits of Kolkata Municipa Corporation :


2. The said lands belonging to the first respondent along with surrounding lands were requisitioned by the State Government under section 3(1) of the West Bengal Land (Requisition & Acquisition) Act, 1948 [for short `WB Requisition Act'] on 27.4.1978. The possession of the land was taken by the Collector in pursuance of such requisition, o 8.5.1978, 16.7.1979 and 16.9.1979. In anticipation of the acquisition, the value of the land wa assessed under section 8B of the said Act and 80% of the estimated compensation was paid to the first respondent in or about 1979. On 7.4.1987, the Collector issued a notification unde section 4(1a) of the said Act, to acquire the land, but did not make an award under section 7 o the said Act. WB Requisition Act was a temporary Act and remained in











































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