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2025 Supreme(Cal) 951

IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, UDAY KUMAR
State of West Bengal – Appellant
Versus
Rubber Products and Moulding Company – Respondent


Advocates Appeared:
For the Applicant : Mr. Susovan Sengupta, Ld. AGP, Mr. Himangshu Ghosh
For the Respondent: Mr. Debayan Bera, Ld. Snr Adv., Mr. Swapan Kumar Kar

JUDGMENT :

Sabyasachi Bhattacharyya, J.

1. The State of West Bengal has filed the present application for review of a judgment and order dated April 30, 2025, passed in F.A No.84 of 2019, whereby it was, inter alia, held that the enhanced compensation award was found to be invalid on the ground that the acquisition proceeding had lapsed in view of the delay in passing the award, more than two years after the issuance of the notice under Section 9 (3B) of the LAND ACQUISITION ACT , 1894 (hereinafter refer as the “1894 Act”).

2. The relevant facts of the case, in a nutshell, are that initially the subject-land was requisitioned by the State under Section 3 of the West Bengal Land (Requisition and Acquisition) Act, 1948, (for short, “the 1948 Act”). Subsequently, a notification under Section 4 (1a) of the 1948 Act was published in the Official Gazette in the year 1985. Due to subsequent amendments to the governing legislation, the said notification lapsed and a fresh notification under Section 4 (1a) of the 1948 Act was issued by the Land Acquisition Collector on March 11, 1997.

3. Learned Additional Government Pleader (AGP) submits that by efflux of time, the 1948 Act expired after M

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