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2024 Supreme(Cal) 924

HIRANMAY BHATTACHARYYA
Pawan Kumar Chowdhury – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Debayan Bera, Swapan Kumar Kar.
For the Respondents: Pantu Deb Roy, Subrata Guha Biswas.
For the KMDA : Kishore Dutta, Satyajit Talukdar, Rutika Verma.

JUDGMENT :

HIRANMAY BHATTACHARYYA, J.

1. The writ petitioners have prayed for issuance of a writ of mandamus commanding the respondents to quash the order of the LA Collector (HIT, Howrah) dated 16.02.2015 and for a declaration that the plots of land being RS Dag No. 1447, 1446, 1445, 1441, 1443, 1328, 1332, 1442, 1444 and 1371 of Mouja Pakuria. JL No. 54 which were subject matter of LA case nos. 26/Act-II/86-87, 29/Act-II/86-87 and 29/1/Act-II/86-87 are free from acquisition proceedings and for a direction upon the respondent authorities to release the lands and deliver symbolic possession to the writ petitioners. Alternatively the writ petitioners prayed for initiation of a fresh land acquisition proceedings under Act 30 of 2013.

2. The subject matter of the writ petition relates to Plot Nos. 1447, 1446, 1445, 1441, 1443, 1328, 1332, 1442, 1444 and 1371 Possession of the aforesaid lands were taken under Section 3 of the West Bengal Land (Requisition and Acquisition) Act, 1948 (Act II of 1948) on 24.05.1988. Thereafter, a notification under Section 4(1a) of the West Bengal Act II of 1948 was published by the Government of West Bengal in the Kolkata Gazette. The writ petitioners claim

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