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PARTHA SARATHI SEN
Srimatya Anita Maity – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
(Partha Sarathi Sen, J.)
1. By filing the instant writ petition the writ petitioners have prayed for issuance of appropriate writ/writs against the respondent authorities for not giving effect to the notices in connection with LAP Case No. 3 of 1982-83 which have been annexed with the instant writ petition with the mark Annexures – ‘A’ and ‘G’ with a further prayer for declaring the land acquisition proceeding as initiated by the respondent authorities as wrong, illegal and without jurisdiction.
2. In course of his submission Mr. Gayen, learned Advocate for the writ petitioners at the very outset draws attention of this Court to the order dated 25.03.1992 as passed in connection with this case by a co-ordinate Bench whereby and whereunder the instant writ petition was dismissed. Attention of this Court is also drawn to the order dated 19.08.1993 as passed by a Division Bench of this High Court in FMAT 63 of 1993 wherein the said order dated 25.03.1992 was set aside and the instant writ petition was remanded back for adjudication afresh. It is further submitted on behalf of the writ petitioners that such remand is in the nature of an open remand.
3. Mr. Gayen in course of his
The publication of land acquisition notices in one newspaper does not invalidate proceedings if the affected party received notice, and prior judicial findings are binding unless overturned by a larg....
The fulfillment of conditions regarding possession and compensation is crucial in determining the lapsing of acquisition proceedings under the 2013 Act.
In case a person has been tendered the compensation as provided under Section 31(1) of the 1894 Act, it is not open to him to claim that acquisition has lapsed under Section 24(2) due to non-payment ....
The main legal point established is that the entitlement to relief under Section 24(2) of the Act of 2013 is contingent upon the timing of possession of acquired lands and the deposit of compensation....
The judgment establishes the importance of physical possession and disbursement of compensation in determining the lapsing of acquisition proceedings under the 2013 Act.
Failure to issue an award within the stipulated period under the Land Acquisition Act results in lapse of notice, affecting the validity of the acquisition process and requiring compensation under Ac....
Failure to pass an award within 12 months post-enactment of the new land acquisition legislation results in lapse of the acquisition proceedings initiated under the old legislation.
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