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IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI SEN
Hemanta Kumar Roy – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. hearing request to tag writ petitions. (Para 1 , 2) |
| 2. private respondent's name removal request. (Para 3) |
| 3. affidavits and procedural status noted. (Para 6 , 7) |
| 4. claim of non-publication affecting property rights. (Para 8 , 9 , 10) |
| 5. details of requisition and compensation issues. (Para 11 , 12 , 13 , 14) |
| 6. procedural developments in property disputes. (Para 15 , 16 , 17 , 18) |
| 7. arguments related to vesting of land. (Para 19 , 20 , 21 , 22) |
| 8. court's analysis on vesting completion. (Para 23 , 24 , 25) |
| 9. judgment interpretations impacting the current case. (Para 26 , 27) |
| 10. conclusion on inadequacy of authority claim. (Para 28 , 29) |
| 11. legal consequences of award failure. (Para 30 , 31) |
| 12. definitions under relevant highway legislation. (Para 32 , 33 , 34) |
| 13. court's review of property possession arguments. (Para 35 , 36) |
| 14. court denies authority's right to interfere. (Para 37) |
| 15. orders regarding property relief. (Para 38 , 40) |
| 16. final disposition of writ petitions. (Para 39 , 41 , 42 , 43) |
JUDGMENT :
Partha Sarathi Sen, J.
1. At the very outset, Mr. Mukherjee, learned advocate appearing on behalf of the writ petitioners in WPA 5750 of 2025, WPA 5752 of 2025, WPA
Without compliance with statutory notice publication and compensation disbursement requirements under the West Bengal Land (Requisition and Acquisition) Act, land acquisition is invalid, and state au....
The court established that lapsed acquisition notices under the 1948 Act result in the revival of original ownership, and subsequent notices cannot validate expired proceedings.
The absence of valid title documents negates a party's standing to contest land acquisition, as legally requisite procedures had been followed.
Failure to issue an award within the stipulated period under Act II of 1948 causes acquisition proceedings to lapse, necessitating a new process under Act XXX of 2013 for compensation.
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 comply with statutory timelines for land acquisition leads to the lapse of the acquisition, reviving the original owner's title to the land.
The court ruled that acquisition proceedings under the West Bengal Land (Requisition and Acquisition) Act lapsed due to non-compliance with statutory requirements, reviving the rights of original lan....
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