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IN THE HIGH COURT AT CALCUTTA
Partha Sarathi Sen
Ramesh Mahata – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
PARTHA SARATHI SEN, J.
1. On the last occasion that is on 16.07.2025 this Court has heard Mr. Mandal, learned advocate for the writ petitioners extensively.
2. This Court has heard Mr. Batabyal, learned advocate appearing on behalf of the respondent/State duly led by Mr. Bandyopadhyay, learned senior government advocate today.
3. 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. 5 herein for quashing and/or rescinding and/or cancelling the order dated 01.03.2023 whereby and whereunder the said respondent no. 5/authority came to a finding that the present writ petitioners are not entitled to compensation in terms of the provision of Act XXX of 2013 and it has been further held that the writ petitioners are entitled to compensation to the tune of Rs. 2,00,465.32 together with interest upto the date of payment in terms of the provision of Act I of 1894.
4. At the time of hearing, Mr. Mandal, learned advocate appearing on behalf of the writ petitioners at the very outset draws attention of this Court to Page Nos. 19 and 20 of the instant wr
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....
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.
Court mandates proper acquisition procedures and compensation disbursement for requisitioned land under specific statutory provisions.
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.
Notices under Section 4(1a) of the West Bengal Land (Requisition and Acquisition) Act, 1948 issued prior to March 31, 1992, and for which no award was passed within 3 years, had already lapsed and co....
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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