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IN THE HIGH COURT AT CALCUTTA
Partha Sarathi Sen
Sudha Chatterjee – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. introduction of the petitioner's claims. (Para 1 , 2 , 3 , 4) |
| 2. contentions from the petitioners and respondents. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. court's analysis on statutory provisions. (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 4. findings on procedural lapses in acquisition. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 5. decision and direction for fresh acquisition. (Para 28 , 29 , 30 , 31) |
| 6. concluding directives and orders. (Para 32 , 33 , 34 , 35 , 36 , 37 , 38) |
JUDGMENT :
PARTHA SARATHI SEN, J.
1. The writ petitioners, the respondents/State i.e. the respondent nos. 1 and 2 and respondent no. 3 i.e. the functionary of BSNL in WPA 23317 of 2023 are represented by their respective Counsels.
2. In WPA 3669 of 2025 the writ petitioners and the respondent no. 5 i.e. the functionary of BSNL authority are represented, however, none appears on behalf of the respondents/State and its instrumentalities i.e. respondent nos. 1 to 4 though on the earlier occasion Mr. Tarak Karan, learned Advocate appeared on behalf of the respondents/State.
3. By filing WPA 23317 of 2023 the writ petitioners have prayed for issuance of appropriate writ/writs against the respondents/au
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 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.
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.
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 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....
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