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2018 Supreme(Cal) 34

SABYASACHI BHATTACHARYYA
State of West Bengal – Appellant
Versus
Sushil Kumar Fomra – Respondent


Advocates Appeared:
For the Petitioners:Mr. Kishore Datta, Advocate General, Mr. Supratim Dhar, Mr. Dhananjay Nayak
For the Respondents: Mr. Saktinath Mukherjee, Mr. Debayan Bera, Mr. Amiya Nath Mukherjee, Mr. Subhransu Ganguly, Mr. D. Chakraborty

JUDGMENT :

SABYASACHI BHATTACHARYYA, J.

1. The present application under Article 227 of the Constitution of India has been preferred by the State of West Bengal, through the first Land Acquisition Collector, against an order passed by the Additional 4th Special L.A Judge at Alipore, District: South 24-Parganas in L.R.A Execution No. 5 of 2013.

2. The brief facts of the case are as follows:

The State of West Bengal took possession of the land in question pursuant to a notification dated 23/04/1976, issued under Section 3(1) of the West Bengal Land (Requisition and Acquisition) Act, 1948 (hereinafter referred to as the 1948 Act). The property belonged to one Munnalal Fomra (since deceased), the predecessor-in-interest of the present award holders/opposite parties. Such requisition was made for establishment of a sub-depot of the Calcutta Transport Corporation. The total area covered by the said notification was 3 bighas 16 cottahs 8 chattaks 1.58 sq. ft, along with structure.

3. Subsequently, by a notification dated 7/04/1990 published under Section 4(1a) of the 1948 Act, such requisitioned property was acquired by the State. The acquired property was evaluated at Rs. 72,416/- per cottah







































































































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