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ARIJIT BANERJEE, KAUSIK CHANDA
Ganesh Chandra Ghosh – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Kausik Chanda, J. - These two appeals involve similar facts and points of law and are taken up for hearing and disposal together. We first deal with M.A.T. No.1520 of 2019.
2. The writ petitioners/appellants approached the learned Single Judge, inter alia, with the following prayers:
'B).. A writ in the nature of Mandamus by commanding the respondents to hold the hearing of the Arbitration proceeding in connection with the LA Case being No.64A/NH/10-11 and publish the award thereof, determining the amount of compensation to be paid to the Petitioners;
C).. A writ in the nature of Mandamus commanding the Respondent Authorities to act in accordance with law and to grant and disburse appropriate compensation for acquisition of land of the Petitioners at the prevailing market value of the land along with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and S.O. 2368(E) issued by the Ministry of Rural Development of Government of India dated 28th August, 2015 and as per provisions of law as applicable immediately upon publication of such award of Arbitration Case in connection with L.A. Case being No.64
The violation of the principle of natural justice in arbitration proceedings can warrant setting aside the arbitral award and remanding the matter for fresh arbitration proceedings.
When landowners are identically situated under the same acquisition notification, denying them parity in compensation constitutes hostile discrimination. In such cases, courts may exercise writ juris....
The Acts provide a complete code for land acquisition and disputes. The Central Government must deposit the compensation amount before taking possession of the acquired land. The appointment of a new....
Landowners whose properties are acquired under the same notification for the same public purpose are entitled to parity in compensation. Denying such parity is arbitrary and violates the constitution....
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