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2023 Supreme(Cal) 474

TAPABRATA CHAKRABORTY, PARTHA SARATHI CHATTERJEE
State of West Bengal – Appellant
Versus
Sarathi Rani Mallick @ Mondal (deceased) represented by Goutam Kumar Mallick – Respondent


Advocates Appeared:
For the Appellant : Mr. Chandi Charan De,Mr. Rabindra Narayan Dutta, Mr. Hare Krishna Halder.
For the Respondents: Mr. Debayan Bera, Mr. Sakti Prasad Chakrabarti.

JUDGMENT :

(Partha Sarathi Chatterjee, J.)

1. The present appeal at the instance of State of West Bengal is directed against the judgment dated 31st August, 2017 passed by the learned Land Acquisition Judge–cum-learned Additional District Judge, 3rd Court, Barasat, 24 Parganas (North) in L.R.A. case no. 62 of 2001 and L.R.A. case no. 63 of 2001 and in connection with the appeal, referring claimants have also filed cross-objection claiming inadequacy of compensation, which has been registered as C.O.T. no. 16 of 2019.

2. Under the project of ‘Regularisation of Sulangari Post 50 Squatters Colony’, a chunk of Sali and Doba land measuring an area of 11.42 acres out of total 71.53 acres of land comprising in R.S. Plot nos. 663, 678, 686, 687, 688, 690, 691, 679, 680 and 681 which belonged to referring claimants were acquired in connection with the land acquisition case vide. No. LA.II/22 of 1988-89.

3. Lands under the aforementioned project were acquired under The West Bengal Land (Requisition and Acquisition) Act, 1948 (in short, Act- II of 1948) and Notification under Section 4(1a) of Act –II of 1948 was published on 27.12.1996 and possession of the acquired lands were taken on 19.12.19

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