Back
SUVRA GHOSH
Chandrati Devi – Appellant
Versus
National Highway Authority of India – Respondent
JUDGMENT :
SUVRA GHOSH, J.
1. Since all the writ petitions involve similar issues of law and fact, they are taken up for consideration by a common judgment.
2. The petitioners purchased the plots in question from the erstwhile owner Smt. Vidya Devi Agarwala and mutated their names in respect of the same. The petitioners have been residing in the said plots upon payment of tax. Upon threat of utilisation of their land by the Government and demolition of existing structures thereon sometime in June, 2018, the petitioners learnt that an area of land measuring 1.37 acres in R.S. plot no. 530 and .38 acres in R.S. plot no. 531 has been acquired vide notification no. 472-L.A. dated 5th February, 1987. The petitioners obtained a copy of notice under section 4(1a) of the West Bengal Land (Requisition and Acquisition) Act, 1948 demonstrating that the plots in question were acquired in terms of the notice under section 3(1) of the Act. But such notice of requisition was not given effect to and the land in question was released. The record of rights is still in the name of the erstwhile owner and the petitioners are in possession of the property till date. Only rent compensation has been paid by
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.
Once the land is acquired and vests in the State, it cannot be divested, and subsequent purchasers have no authority to challenge the acquisition proceeding.
No reasonable explanation being given by the petitioners for such inordinate delay, this court should not go into the stale demand of the petitioners after lapse of years.
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....
A subsequent purchaser has no standing to challenge the acquisition or its lapsing.
A purchaser of the land after the issuance of Notification under Section 4 of the Land Acquisition Act, 1894 has no right to challenge the acquisition proceedings and can only claim compensation. Any....
Subsequent purchasers of land can only claim compensation based on their vendors' titles and cannot challenge acquisition proceedings initiated under different statutes.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
