Back
IN THE HIGH COURT AT CALCUTTA
SUGATO MAJUMDAR
Daulat Singh Surana – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT :
Sugato Majumdar, J.:
The instant suit was filed by the Plaintiffs praying for a decree for a sum of Rs.9,30,97,394/- on account of damages for unauthorized occupation, mandatory injunction along with other reliefs.
Plaint Case:
The plaint case may be summarized as follow:
The Plaintiffs were the owners of a piece and parcel of the property located at premises no. 4, Pretoria Street, Kolkata – 700071 containing two storied buildings, outhouses and garden land, stretching over an area of 38 cottah of land. The brick built structure along with adjoining land situated on the western part of the entire land admeasured about 15 cottah 5 chittacks 14 sq. ft. The rest of the land measuring about 22 cottah was garden area, located in the eastern part of the premises.
The premises in its entirety was requisitioned under the Defence of India Act/Rules and was again requisitioned under the West Bengal Premises Requisition & Control (Temporary) Provisions Act, 1947.
In terms of an Order dated 17/09/1985 passed in Matter No.872 of 1984 this Court held that no public purpose would be served for requisition of the garden land measuring about 22 cottah 10 chittacks 31 sq. ft. and directed the
Claims for rental compensation arising from authorized occupation must be adjudicated under the Land Acquisition Act, not as independent civil claims.
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....
Landowners whose land is acquired for public purposes are entitled to fair compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,....
A landowner is entitled to compensation for illegal occupation of their property, even in the absence of a formal rental agreement, if the occupation is unrefuted.
Section 24 of the Right to Compensation Act does not apply to acquisitions initiated under the West Bengal Requisition and Acquisition Act; subsequent purchasers can only claim compensation based on ....
Subsequent purchasers of land can only claim compensation based on their vendors' titles and cannot challenge acquisition proceedings initiated under different statutes.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
