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JAY SENGUPTA
Dilip Kumar Ghosal – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Jay Sengupta, J.:
1. This is an application under Article 226 of the Constitution of India praying for a direction upon the respondents to rescind and/or withdraw the notice dated 02.05.2014 and to pay compensation as per the new Act of 2013 by initiating a fresh proceeding after treating the earlier proceeding being Case No. R.A.-44/77-78 as lapsed.
2. Mr. Pan, learned senior counsel appearing on behalf of the petitioner, submitted as follows. The petitioner is the owner of R.S. Plot Nos. 1696, 2356, 2199 and 1721 measuring an area of about 0.12 acre, 0.06 acre, 0.08 acre and 0.10 acre respectively (hereinafter referred to as ‘the said land’) and the said land is situated within Mouza – Kandra, J.L. No. 114, presently under Police Station – Salar, District – Murshidabad. For providing proper facilities for transport and communication, viz. widening of Salar-Bharatpur Road the 4th and 5th kilometre in the district of Murshidabad, the Collector being the respondent no. 2 herein, initiated a proceeding under the West Bengal Land (Requisition and Acquisition) Act, 1948 (Act II of 1948), at present expired, bearing Case No. R.A. – 44/77-78 and the possession of the said land wa
Where acquisition proceedings under the West Bengal Land (Requisition and Acquisition) Act, 1948, and a subsequent notice under Section 9(3B) of the Land Acquisition Act, 1894, have lapsed, the petit....
Notices under Section 4(1a) of the West Bengal Land (Requisition and Acquisition) Act, 1948 issued prior to March 31, 1992, and for which no award was passed within 3 years, had already lapsed and co....
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....
Landowners whose land is acquired for public purposes are entitled to fair compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,....
Failure to issue an award within the stipulated period under Act II of 1948 causes acquisition proceedings to lapse, necessitating a new process under Act XXX of 2013 for compensation.
Failure to issue an award within the stipulated period under the Land Acquisition Act results in lapse of notice, affecting the validity of the acquisition process and requiring compensation under Ac....
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