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IN THE HIGH COURT AT CALCUTTA
SUBHENDU SAMANTA
IN THE MATTER OF : Gopal Jhunjhunwala – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. seeking mandamus for compliance with prior court order. (Para 1) |
| 2. understanding the context of prior court orders. (Para 2) |
| 3. detailing government's offer for land compensation. (Para 3) |
| 4. calculation of rent compensation by the state. (Para 4) |
| 5. petitioner's grievances regarding state actions. (Para 5 , 6 , 7 , 8 , 9) |
| 6. state's defense in following court directions. (Para 10 , 11 , 12) |
| 7. discussing the court's awareness of existing laws. (Para 13 , 14) |
| 8. evaluation of kmda and state compliance with directions. (Para 15 , 16 , 17 , 19) |
| 9. critique of direct purchase policy application. (Para 18 , 20 , 21 , 22) |
| 10. order for further assessment and proposals. (Para 23 , 24 , 25 , 26) |
| 11. final order and disposition of the case. (Para 27 , 28 , 29) |
JUDGMENT :
Subhendu Samanta, J.
1. Instant writ petition has been filed seeking mandamus upon the respondents authorities to comply with an order dated 16th July, 2018 passed by a Co-ordinate Bench of this court in WP No. 6330 (W) of 2018 (Gopal Jhunjhunwala) and Ors Vs. State of West Bengal)
2. To properly understand the issues involved herein operative portion of the order of Co-ordinate Bench dated 16th July, 2018 set out he
The court ruled that the State must adhere to proper land acquisition processes, ensuring just compensation as mandated under applicable laws, rejecting the direct purchase policy as improper.
The State must comply with due process for land acquisition and compensate fairly; failure to follow procedures amounts to a constitutional violation.
Subsequent purchasers of land can only claim compensation based on their vendors' titles and cannot challenge acquisition proceedings initiated under different statutes.
No award under Section 11 of 1894 Act for specific land post Section 6 declaration causes lapse under Section 11A; mandates fresh acquisition under 2013 Act; delay/laches inapplicable, protects Artic....
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 ....
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