Back
IN THE HIGH COURT AT CALCUTTA
BIVAS PATTANAYAK
Nitai Chandra Mandal – Appellant
Versus
State of West Bengal – Respondent
Bivas Pattanayak, J. :-
1. This writ petition is filed by the petitioners seeking direction upon the respondent authorities to immediately disburse the statutory compensation for acquisition of land in question in favour of the petitioners on pro-rata basis in terms of the provisions of Right to Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the Act of 2013) with immediate effect.
2. The petitioners contend as follows:
(i) The petitioners are the owners of the respective plots by way of purchase from the erstwhile owners, which is morefully described in tabular statement contained in paragraph no.3 of the writ petition.
(ii) The plots of land mentioned in paragraph no.3 of the writ petition measuring more or less 4.5 acres were initially acquired for the purpose of construction of project work SPUR 4 at Khiderpur (14 to 15 Kilometres) in district of Malda, by the State Government and a net compensation of Rs.27,32,180/- has been awarded under the old Land Acquisition Act, 1894.
(iii) While the aforesaid compensation was pending disposal and the amount not being credited to the bank accounts of the respective land
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.
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,....
The physical possession of the land and tendering of compensation discharge the state's obligation, and the land essential for public purpose cannot be released from acquisition.
Lapse of land acquisition proceeding – After acquisition of land and passing of award, land vests in State free from all encumbrances – Vesting of land with State is with possession – Any person reta....
No lapse of proceedings under the Act of 1894 occurs if compensation has been paid and possession of the acquired land has been assumed, even if no award has been made.
The court ruled that possession taken negates the lapse of acquisition proceedings, entitling Petitioners to compensation under the Right to Fair Compensation and Transparency in Land Acquisition Act....
The main legal point established in the judgment is that for the acquisition proceedings to lapse under Section 24(2) of Act of 2013, both the contingencies of non-possession and non-payment of compe....
The acquisition process does not lapse under section 24(2) of the 2013 Act if compensation has been tendered to the landowners and possession of the land has been taken by the acquiring authority.
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
