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IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI SEN
Dilip Das – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. writ petitioner challenges compensation entitlement. (Para 3 , 5 , 6) |
| 2. petitioner and respondent's differing legal standings. (Para 10 , 12 , 13 , 14) |
| 3. court's review of prior judgment relevance. (Para 15 , 16 , 18) |
| 4. interpretation of section 24 of act xxx of 2013. (Para 21 , 22 , 24) |
| 5. court allows writ petition and quashes order. (Para 27 , 28 , 29 , 30) |
JUDGMENT :
Partha Sarathi Sen, J.
1. The affidavit-in-opposition and the affidavit-in-reply as filed today on behalf of the respondent nos. 3, 5 and 9 and the writ petitioner respectively are taken on record.
2. This Court has heard Mr. Mandal, learned advocate for the writ petitioner and Mr. Batabyal, learned advocate appearing on behalf of the respondent/State duly led by Mr. Bandyopadhyay, learned senior government advocate.
3. By filing the instant writ petition, the writ petitioner has prayed for issuance of appropriate writ/writs against the respondents/authorities, more specifically, against the respondent no. 9 herein for quashing and/or rescinding and/or cancelling the order dated 15.02.2024 whereby and whereunder the said respondent no. 9/authority came to a finding that the present writ petitioner are
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 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.
Compensation for requisitioned land lapses if not awarded timely, necessitating initiation of fresh acquisition proceedings, as per relevant statutory provisions.
The court ruled that prior land acquisition proceedings lapsed due to non-compliance with statutory timelines, necessitating fresh proceedings under the 2013 Land Acquisition Act.
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.
Court mandates proper acquisition procedures and compensation disbursement for requisitioned land under specific statutory provisions.
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 ....
The court established that acquisition proceedings undertaken under repealed acts without compliance with statutory timelines are invalid, necessitating fresh proceedings under current legislation fo....
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