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SURYA KANT, JOYMALYA BAGCHI
State of West Bengal – Appellant
Versus
Santi Ceramics Pvt. Limited – Respondent
JUDGMENT :
SURYA KANT, J.
Leave granted.
2. The instant appeal has been preferred by the State of West Bengal against the judgment dated 11.10.2018 passed by a Division Bench of the High Court of Calcutta (High Court) in MAT No. 1260/2017 (Impugned Judgment). By way of the Impugned Judgment, the High Court has upheld the order of the learned Single Judge in W.P. No. 29621/2016, directing the State to restore 28 Bighas of land (Subject Land), including all structures erected thereon, to M/s Santi Ceramics Private Limited (Respondent No.1).
3. The controversy arises in the aftermath of this Court's judgment in Kedar Nath Yadav v. State of West Bengal, AIR 2016 SC 4156, whereby the land acquisition proceedings for establishing the manufacturing plant of TATA Motors’ then flagship car “NANO” were quashed. To explicate, in 2006, pursuant to TATA Motors' decision to establish this facility in Singur, Hooghly District, West Bengal, the Appellants had initiated acquisition spanning over 1000 acres (Singur Project). The acquisition encompassed agricultural lands and lands converted for non-agricultural purposes. The instant appeal concerns restoration of the Subject Land, which formed part of t
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