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2013 Supreme(SC) 1083

G.S.SINGHVI, C.NAGAPPAN
Gojer Brothers Pvt. Ltd. – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
Mr. Mukul Rohatgi and Mrs. Indu Malhotra, Senior Advocates, Mr. Himanshu Shekhar and Mr.Abhijit Guhary, Advocates, with them, for the Appellants.
Mr. Gopal Subramanium, Senior Advocate, Mr. Soumya Ghosh, Ms. Maitrayee Banerjee, Mr. Kunal Chatterji, Mr. Soumitra G. Chaudhuri, Ms. Shagun Matta and Mr. Mohit Paul, Advocates, with him, for the Respondents.

JUDGMENT

G.S. Singhvi, J.

1. Leave granted.

2. One of the questions which arises for consideration in these appeals filed against order dated 19.06.2013 passed by the Division Bench of the Calcutta High Court in A.P.O. No. 126 of 2012 in Writ Petition No. 1931/2005 and A.P.O. No. 124 of 2012 in Writ Petition No. 1634 of 2005 is whether the learned Single Judge and the Division Bench of the High Court had correctly appreciated the scope of Section 5A of the Land Acquisition Act, 1894 (for short, the Act) and rightly rejected the appellants challenge to the acquisition of land measuring 20 cottahs.

3. A portion of the land purchased by the appellant on 20.07.1964 had been leased out on 26.5.1955 to Kuldeep Harbans Singh who set up a school, i.e., Central Model School. After five years of purchasing the land, the appellants filed Title Suit No. 100/69 for eviction of Kuldeep Harbans Singh on the ground of breach of the conditions of lease. During the pendency of the suit, Kuldeep Harbans Singh constituted Guru Nanak Education Trust (for short, the trust) for running the school and management of the school was handed over to the trust.

4. The suit was decreed by District Judge, Alipore vi


































































































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