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IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI SEN
Radharani Sardar – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. writ petition initiation and legal heir status. (Para 1 , 2 , 3) |
| 2. prior findings and compensation issues. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. importance of timely award. (Para 10 , 11) |
| 4. implications of section 24 of act xxx of 2013. (Para 12 , 13 , 14 , 15 , 16) |
| 5. context of non-award and lapse of proceedings. (Para 17 , 18 , 19) |
| 6. impact of missing award on compensation claims. (Para 20) |
| 7. quashing of faulty compensation assessment. (Para 21 , 22) |
| 8. court orders for land acquisition process. (Para 23 , 24 , 25) |
Judgement :
PARTHA SARATHI SEN, J.
1. The parties to the instant writ petition are represented by their respective learned advocates.
2. By filing the instant writ petition, the writ petitioners have prayed for issuance of appropriate writ/writs against the respondents/authorities, more specifically, against the respondent no. 4/authority to determine the compensation as payable to the writ petitioners in terms of Act XXX of 2013.
3. At the time of hearing, Mr. Sett, learned advocate appearing on behalf of the writ petitioners at the very outset draws attention of this Court to Page Nos. 17 to 19 of the instant writ petition, being copies of LR&ROR and RS&ROR as
Compensation for requisitioned land lapses if not awarded timely, necessitating initiation of fresh acquisition proceedings, as per relevant statutory provisions.
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....
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.
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 main legal point established in the judgment is that the acquisition proceedings lapsed as no award was made within 2 years of the declaration under Section 6 of the 1894 Act, and the State was d....
Compensation in land acquisition must adhere to statutory requirements, including formal awards under section 11 of the Land Acquisition Act, or provisions of the updated Act of 2013 apply.
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