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IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, UDAY KUMAR
Sukumar Sarkar – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. background of land acquisition dispute. (Para 1 , 2 , 3) |
| 2. arguments concerning appeal and raised issues. (Para 4 , 11 , 15) |
| 3. misconceptions regarding procedural appeals. (Para 5 , 6 , 8 , 9 , 19) |
| 4. principles governing powers of judicial review. (Para 14 , 20 , 21 , 30) |
| 5. judicial findings on lack of notice and legal obligations. (Para 52 , 70 , 74) |
| 6. conclusions regarding lack of legal acquisition. (Para 76 , 79 , 81) |
Judgment :
Sabyasachi Bhattacharyya, J.
1. The present appeal arises out of the dismissal of a writ petition filed by the appellants challenging the treatment of the subject-land as an acquired land by the State and for consequential reliefs.
2. The brief facts of the case are that the appellants purchased the subject-plot by several deeds between the years 2019 and 2023. The concerned plots of land have all along been recorded in the Records of Rights in the name of the vendor/predecessor-in-interest of the appellants, who is respondent no. 10 in the present appeal. The appellants allege that an office was set up unlawfully by the PWD at a corner of the said plot, apparently during construction of an adjacent road, and a hotel has also been construc
The court affirmed that acquisition proceedings lapsed under Section 11A of the Land Acquisition Act, and violation of the principle of Audi Alteram Partem rendered the BL & LRO's order void.
The court established that lapsed acquisition notices under the 1948 Act result in the revival of original ownership, and subsequent notices cannot validate expired proceedings.
The main legal point established in the judgment is that the acceptance of the acquisition and the award by the writ petitioners, along with the possession of the acquired land and the entitlement to....
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