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SUVRA GHOSH
Usman Ghani – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Suvra Ghosh, J. - Since both the writ petitions pertain to identical issues, they are dealt with and disposed of by a common judgment.
2. It is contended on behalf of the petitioner in W.P. 31112 (W) of 2014 that the petitioner is the recorded owner of the land in plot no. 946, Mouza Krishnapur, J.L. no. 74, District Murshidabad measuring an area of about 0.19 acres. For the purpose of construction of 33KV sub-station of West Bengal Electricity Board, the second respondent initiated proceedings under the West Bengal Land (Requisition and acquisition) act, 1948 and took possession of the land under requisition by serving notice under section 3(1) of the act of 1948.
3. The petitioner in W.P. 31113 (W) of 2014 acquired title in respect of plot no. 48 measuring about 1.28 acres in J.L. no. 77, Mouza Fulpur, District Murshidabad by virtue of registered deed of sale dated 10th September 1974. The second respondent initiated proceedings under the West Bengal Land (Requisition and acquisition) act, 1948, for the purpose of maintaining supplies and service for rehabilitation of erosion-affected persons in Mouza Fulpur and took possession of the land on 18th May, 1987 under requisitio
Lapse of acquisition proceedings due to non-compliance with statutory timelines led to the revival of the petitioners' title and entitlement to compensation under the 2013 act.
The delay in approaching the court did not debar the petitioner from seeking remedy under Article 226 of the Constitution of India. The demand for justice was compelling, and the court emphasized the....
Court mandates proper acquisition procedures and compensation disbursement for requisitioned land under specific statutory provisions.
When land is acquired under a previous Act and no award is passed during the lifetime of that Act, and the subsequent Act also lapses without an award being passed, a fresh proceeding must be initiat....
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