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2023 Supreme(Cal) 843

ARIJIT BANERJEE, APURBA SINHA RAY
State of West Bengal – Appellant
Versus
Pranab Kumar Mukherjee – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Susovan Sengupta, Subir Pal.
For the Respondents: Mihir Kundu, Subrata Poddar.

JUDGMENT :

ARIJIT BANERJEE, J.

1. This appeal is directed against a judgment and order dated May 18, 2016, whereby the writ petition of the respondent no. 1 being W.P. No. 5568(W) herein was disposed of with similar direction as was given in the judgment and order dated May 16, 2016, rendered in W.P. 5590(W) of 2016. Such direction was as follows:

    “This writ petition, therefore, is disposed of by directing the competent respondent authority to determine the market value of the land in terms of Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and thereafter follow the process of law as laid down under the new Act of 2013 and ensure compensation is paid within the statutory time frame stipulated therein to the petitioners.”

2. The undisputed facts of the case are that land of the respondent/writ petitioner was requisitioned by the State Government under Section 3 of the West Bengal (Requisition and Acquisition) Act, 1948, and possession thereof taken over for construction of Haringhata-Panpur Road in the District of Nadia, in connection with LA Case no. 52/General/B.R.P/Rehab of 1981-82. Possession of such land w

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