State of West Bengal vs Abhijit Ghosh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Cal) 387

IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, SUPRATIM BHATTACHARYA
State of West Bengal – Appellant
Versus
Abhijit Ghosh – Respondent

Advocates Appeared:
For the Appellants : Susovan Sengupta, Hare Krishna Halder
For the Respondents: Debayan Bera, Sakti Prasad Chakraborti

JUDGMENT :

SABYASACHI BHATTACHARYYA, J.

1. The present appeal has been preferred against a judgment dated August 23, 2024 passed in WP No. 17016 (W) of 2015, whereby the learned Single Judge was pleased to dispose of the said writ petition, inter alia holding that the acquisition proceeding in respect of the subject-plots of land had lapsed by operation of Section 11A of the Land Acquisition Act, 1894 (hereinafter referred to as “the LA Act”) and directed the State/appellants to initiate a fresh acquisition proceeding in accordance with the relevant statute and determine compensation in accordance with law and to pay the same to the writ petitioners/present respondents, if they are entitled to the same.

2. In brief, the facts of the case are as follows.

3. On May 19, 1950, a Notification, bearing no. 5382 L.Dev., was issued under Section 4 of the West Bengal Land Development and Planning Act, 1948 (for short “the LDP Act”). A Declaration under Sections 6 and 7 of the LDP Act, bearing no. 5384 L.Dev., was also issued on the same date, published in the Calcutta Gazette on June 01, 1950.

4. The said Notification and Declaration were issued in respect of several plots, including CS Plot Nos