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DEBANGSU BASAK, MD. SHABBAR RASHIDI
Burdwan Development Authority – Appellant
Versus
Krishnaprasad Ghosh – Respondent
| Table of Content |
|---|
| 1. procedural background of the appeals (Para 1 , 2) |
| 2. arguments regarding possession and compensation (Para 3 , 4) |
| 3. details regarding land acquisition and use (Para 6 , 7 , 12) |
| 4. clarifications on land area and dishonesty in claims (Para 8 , 9 , 10) |
| 5. direct purchase and compensation issues (Para 14 , 15 , 17) |
| 6. final orders and compliance directives (Para 18 , 19 , 20) |
JUDGMENT :
(Debangsu Basak, J.)
1. Two appeals are taken up for analogous hearing as they emanate out of the same judgment and order dated December 15, 2022 passed in the writ petition.
2. By the impugned order, the learned Judge disposed of the writ petition directing the 5th respondent in the writ petition to take proceeding for direct purchase of the plot in question and bring the same to its logical conclusion keeping in view the present market rate of the plot within a period of three months from the date of communication of the order.
3. Learned senior advocate appearing for the respondent no. 5 in the writ petition, being the Burdwan Development Authority (BDA) submits that, four title suits apart from other suits were pending. He draws the attention of the Court to the fact that, there is a T
The court ruled that the State must adhere to proper land acquisition processes, ensuring just compensation as mandated under applicable laws, rejecting the direct purchase policy as improper.
The State must compensate landowners when it fails to return possession of land after annulment of a vesting order, as per the West Bengal Estates Acquisition Act.
The court mandates the Deputy Commissioner to investigate property utilization for road formation and determine compensation if applicable, emphasizing transparency in administrative processes.
Failure to demonstrate legal possession invalidates land acquisition; lapse of the acquisition scheme confirmed by statutory mandates.
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