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I. P. MUKERJI, ANIRUDDHA ROY
Swapna Atta – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Aniruddha Roy, J.
1. An intra-court mandamus appeal was filed assailing the impugned judgment and order dated August 20, 2009 (for short, the impugned order) passed in WP No. 31978 (w) of 2008 (for short, the writ petition), whereunder the writ petition was dismissed and the acquisition of land was upheld.
Facts
From the writ petition:
2. The land in question in the District of Howrah was measuring about 145 cottahs being R.S. Plot No. 449; H.S. Khatian No. 256 equivalent to an area of about 1.00 acre classified as Karkhana, Mouja: Malipanchghara J.L. No.1 with the Howrah Municipal Premises No.171, G.T. Road (North), Police Station, Malipanchghara, Howrah-711106 (for short, the said land). The total value of the land claimed to be few crores of rupees.
3. The appellants being the writ petitioners from their predecessors-in-interest were the absolute owners of the said land.
4. At all material time the predecessors-in-interest of the appellant had setup an iron foundry under the name and style of M/s. Atta’s Iron Foundry at the said land and the appellants with the passage of time had carried out the said iron foundry business which was an age old and renowned, existed for about
The court emphasized the importance of compliance with the requirements under Section 4(1) of the Land Acquisition Act and held that the acquisition of the land was lawful.
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Procedural lapses in land acquisition notification, hearing, and timelines vitiate proceedings, but completed construction and record loss warrant fresh award under original Act rather than new regim....
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Land acquisition – Notification - Merely because land owners had knowledge or failed to file objections would not make the notification valid if it is not published in the manner provided.
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