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2017 Supreme(SC) 1398

ARUN MISHRA, MOHAN M.SHANTANAGOUDAR
Kolkata Metropolitan Development Authority – Appellant
Versus
Pradip Kumar Ghosh – Respondent


Advocates Appeared:
For the Appellant :Ms. Anindita Gupta, Ms. Kumud L. Das, Rajesh Srivastava, Advocates.
For the Respondent:Soumitra G. Chaudhuri, Chanchal Kumar Ganguli, Ms. Asha Gopalan Nair, Advocates.

JUDGMENT :

Arun Mishra, J.

Aggrieved by the quashing of land acquisition proceedings initiated under the West Bengal Land (Requisition and Acquisition) Act, 1948 (hereinafter referred to as "the Act") notice under section 4(1)(a) was published in the Gazette on 14.10.1996 and also notice under section 5 of the Act. The property in question had been requisitioned under the provisions of the Act by the issuance of notification under section 3(1) since requisition continued for long for 14 years. It was questioned by filing a writ petition i.e. CR 15177 (W) of 1979 disposed of on 10.9.1993. The High Court of Calcutta did not quash the notification issued under section 3(1), passed an order directing the concerned authorities to acquire the properties in question if so desired within a period of 6 months from the date of communication of order and if the authorities did not acquire the property within the time specified the Land Acquisition Collector was directed to release the property under requisition and restore possession of the same to the writ petitioner.

2. Thereafter there was some delay in initiating the land acquisition proceedings. The notification under section 4(1)(a) of the























































































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