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SUBRATA TALUKDAR, SUPRATIM BHATTACHARYA
State of West Bengal – Appellant
Versus
K. C. Das Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. determination of land's vacant status. (Para 1 , 2) |
| 2. arguments against designation as excess land. (Para 4 , 5 , 6) |
| 3. interpretation of section 2(g) of the act. (Para 18 , 21) |
| 4. final order regarding judgment enforcement. (Para 24 , 27) |
| 5. conclusion regarding land status and appeal success. (Para 26 , 28) |
JUDGMENT :
(Subrata Talukdar, J.)
The short point to be decided in this appeal is whether the land in issue (hereinafter referred to as the said land) was a vacant land and, if that was so on the appointed date of coming into force of the Urban Land (Ceiling and Regulation) Act, 1976 (for short, the 1976 Act) which was the 14th of February 1976, whether the Competent Authority (for short, referred to only as the CA) was entitled to declare the said land to be in excess.
2. The Hon’ble Single Bench by its Judgement and Order dated 14th of March 2017 in WP 11004 (W) of 2011, which is impugned in this appeal, has, inter alia, discussed as follows:-
Land occupied by a building with a dwelling unit that was constructed or in the process of construction on the appointed day is not "any other land" within the meaning of Section 4(9) of the Urban La....
Exemption orders under Section 20(1) of the Urban Land Ceiling Act remain valid post-repeal if no violation of conditions occurs, rendering withdrawal attempts unlawful.
Abatement of land ceiling proceeding – Payment of compensation has nothing to do with taking over of possession – Payment of compensation under Urban Land (Ceiling and Regulation) Act, 1976 and takin....
Timely petitions must not raise issues not argued in previous proceedings; meritorious cases should not be delayed indefinitely.
Point of law: Notifications issued from section 10(1) onwards till section 11 have not been quashed or set aside by neither the Hon’ble Tribunal, nor this Hon’ble High Court at any stage of litigatio....
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