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ARIJIT BANERJEE, PRASENJIT BISWAS
Tapas Kumar Maity – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Arijit Banerjee, J.
1. A Judgment and order dated November 23, 2022, whereby the writ application of one Panchanan Maity & Anr., being WPA 17176 of 2000, was dismissed by a learned Judge of this Court, is the subject matter of challenge in this appeal. The original appellants were the writ petitioners i.e. Panchanan Maity and Kanan Kumar Maity. Both of them having passed away during the pendency of the appeal, their respective legal heirs have come on record. They are the present appellants.
2. Land belonging to the appellants (which term would also include the predecessors-in-interests of the appellants) was acquired under the provisions of the Land Acquisition Act, 1894. The acquisition proceedings were initiated in the form of LA Case No. 33 of 1968-69. It is not in dispute that notification under Section 4 of the 1894 Act was issued in the year 1968. Within the stipulated time period, declaration was made under section 6 of the said Act. Award was declared by the Collector. Notice under Section 12(2) of the 1894 Act was served on the appellants. The appellants received compensation money in 1974 and 1977.
3. The case argued by the appellant before the learned Single Judg
The main legal point established in the judgment is that the acceptance of the acquisition and the award by the writ petitioners, along with the possession of the acquired land and the entitlement to....
Section 48(1) of the Act and in view of the well settled legal position emerging from interpretation of Section 48(1) of the Act by the Supreme Court, it is clear as noon day, that since possession o....
Once possession is taken and an award is passed, challenges to land acquisition proceedings are not maintainable, and remedies for compensation must be sought through reference proceedings.
The failure to serve notice under Section 9 of the Land Acquisition Act, 1894 was fatal to the acquisition proceedings. Actual possession and tendering of compensation are essential to prevent lapse ....
Where no award has been made under the Land Acquisition Act, 1894, the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, re....
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