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2023 Supreme(Cal) 1245

DEBANGSU BASAK, MD. SHABBAR RASHIDI
Bhim Sen Mondal – Appellant
Versus
Competent Authority under the National Highways Act, 1956 – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Soumya Majumdar, Mr. Arijit Dey, Adv.
For the State : Md. T.M. Siddique, Ld. AGP, Mr. Soumitra Bandyopadhyay, Mr. Aniruddha Sen, Adv.
For the NHAI : Mr. Dipankar Das, Adv.
For the Respondent: Mr. Sayantan Bose, Mr. Shreyaan Bhattacharyya, Adv.

JUDGMENT :

Md. Shabbar Rashidi, J.

1. The appeal is in assailment of an order dated January 16, 2020 passed in W.P. No. 23993 (W) of 2014 negating the claim of the appellant for compensation in respect of the scheduled lands sought to be acquired by the National Highway Authorities.

2. It was submitted that the scheduled lands being part of the plots of lands which were earlier acquired by the State, were not the subject matter of acquisition in the earlier acquisition proceeding concluded in the year 1965. The aforesaid lands were held and possessed by the predecessors of the writ petitioner/appellant even after the acquisition proceeding of 1965. Later on, the appellants purchased the said land from its erstwhile owners by registered deeds of conveyance.

3. Upon such purchase, his name was duly recorded in the revenue records. The appellants have relied upon a certificate of mutation. It was also contended that the name of the appellant was also initially recorded in the LR ROR but subsequently it was deleted and came to be recorded in the name of Asansol Durgapur Development Authority in such ROR. The appellant challenged such recording which was pending with the Land Reforms and Te

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