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2023 Supreme(Cal) 1280

DEBANGSU BASAK, MD. SHABBAR RASHIDI
Burdwan Development Authority – Appellant
Versus
State of West Bengal – Respondent


Advocate Appeared:
For the Burdwan Development Authority (BDA) : Mr. Supratim Dhar, Mr. Tanmoy Mukherjee, Mr. Falguni Majhi, Advs.
For the State :Md. T. M. Siddiqui, Ld. AGP, Mr. Chandi Charan De, Ld. AGP, Mr. Soumitra Bandopadhyay, Mr. S. Adak, Mr. Anirban Sarkar, Mr. Sadhan Kr. Halder, Advocates
For the National Highway Authority of India : Ms. Manika Roy,
For the Writ Petitioners: Mr. Uttiya Ray, Mr. Arnab Mandak, Advs.

JUDGMENT :

Debangsu Basak, J.

1. Fourteen appeals directed against the same judgment and order dated September 30, 2022 passed by the first Court in seven writ petitions are heard analogously.

2. These fourteen appeals can be arraigned in two sets. One set of appeals is at the behest of the State of West Bengal, while the other set of appeals is at the behest of the Burdwan Development Authority (BDA).

3. Learned Additional Government Pleader appearing for the State submits that, the land in question was acquired by a proceeding initiated under the Land Acquisition Act, 1894 (in short ‘the Act of 1894’) for a public purpose at the instance of the requiring body namely BDA. He submits that, a notice under Section 4 of the Act of 1894 was issued on July 6, 2004. Declaration under Section 6 of the Act of 1894 was issued on February 15, 2005 and the publication thereof was made on March 14, 2005. He contends that, possession of the entirety of the land, including the plots involved in the seven writ petitions filed by the writ petitioners, were taken on April 2, 2007. In support of such contention he relies upon a writing dated April 2, 2007 which shows that, the State authorities took pos

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